Certified
« back to search results

TAW-74529  /  Fisher-Price Inc. (East Aurora, NY)

Petitioner Type: Company
Impact Date: 08/06/2009
Filed Date: 08/17/2010
Most Recent Update: 09/17/2010
Determination Date: 09/17/2010
Expiration Date: 09/17/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,529

FISHER-PRICE INC.
A SUBSIDIARY OF MATTEL, INC.
INFORMATION TECHNOLOGY INFRASTRUCTURE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM PRO UNLIMITED
EAST AURORA, NEW YORK

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 August 17, 2010, by a company official on behalf of
workers of Fisher-Price, Inc., a subsidiary of Mattel, Inc.,
Information Technology Infrastructure Division, East Aurora, New
York. The workers supply infrastructure support services such
as help desk, server back-up, and data storage for their firm.
The workers group includes on-site leased workers from Pro
Unlimited.
The investigation revealed that workers of Fisher-Price,
Inc. who are engaged in activities related to infrastructure
support services meet the criteria for certification.
Criterion I has been met because a significant number of
workers of the subject firm are threatened to become totally
separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the shift of
infrastructure support services to India by Fisher-Price, Inc.
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 Fisher-Price, Inc., a
subsidiary of Mattel, Inc., Information Technology
Infrastructure Division, East Aurora, New York, who are engaged
in activities related to infrastructure support services 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 Fisher-Price, Inc., a subsidiary of
Mattel, Inc., Information Technology Infrastructure
Division, including on-site leased workers from Pro
Unlimited, East Aurora, New York, who became totally or
partially separated from employment on or after August 6,
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 17th day of September, 2010

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