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TAW-73725  /  Michaels Stores Inc. (Irving, TX)

Petitioner Type: Workers
Impact Date: 03/10/2009
Filed Date: 03/17/2010
Most Recent Update: 05/06/2010
Determination Date: 05/06/2010
Expiration Date: 05/06/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,725

MICHAELS STORES INC.
INFORMATION SYSTEMS
IRVING, TEXAS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on March 17, 2010 by three workers of Michaels Stores
Inc., Information Systems, Irving, Texas. The workers provide
information systems support and are not separately
identifiable by services.
The investigation revealed that workers of the subject firm
meet the criteria for certification.
Criterion I has been met because a significant percentage
of workers at the subject firm have been separated during the
relevant period.
Criterion II has been satisfied because the subject firm
has shifted services like or directly competitive with those
provided by the subject firm to India.
Criterion III has been met because the shift in service
by the subject firm to India contributed importantly to worker
group separations at the subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Michaels Stores Inc.,
Information Systems, Irving, Texas, who are engaged in
information systems support, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of Michaels Stores Inc., Information Systems,
Irving, Texas, who became totally or partially separated
from employment on or after March 10, 2009 through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on date of certification through two years from
the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 6th day of May, 2010

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance