FORMER EM. OF BMC SOFTWARE v. U.S. SEC. OF LABOR

Slip Op. 06-132, Court No. 04-00229.

454 F.Supp.2d 1306 (2006)

FORMER EMPLOYEES OF BMC SOFTWARE, INC., Plaintiffs, v. UNITED STATES SECRETARY OF LABOR, Defendant.

United States Court of International Trade.

August 31, 2006.


Attorney(s) appearing for the Case

Miller & Chevalier Chartered, (Alexander D. Chinoy, Hal S. Shapiro, Myles S. Getlan, Daniel Lewis, and Owen Bonheimer), for Plaintiffs.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, and Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Michael D. Panzera); Charles D. Raymond, Associate Solicitor for Employment and Training Legal Services, Office of the Solicitor, U.S. Department of Labor (Stephen R. Jones), Of Counsel; for Defendant.


OPINION

RIDGWAY, Judge.

In this action, former employees of Houston, Texas-based BMC Software, Inc. ("the Workers") contest the determination of the U.S. Department of Labor denying their petition for certification of eligibility for trade adjustment assistance ("TAA") benefits. See Letter to Court from A. Blummer, dated June 1, 2004 ("Complaint"); 69 Fed.Reg. 6694, 6695 (Feb. 11, 2034) (notice of receipt of petition and initiation of investigation...

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