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TAW-74588  /  Hewlett Packard Company (Fishers, IN)

Petitioner Type: Company
Impact Date: 08/01/2009
Filed Date: 09/03/2010
Most Recent Update: 10/22/2010
Determination Date: 10/22/2010
Expiration Date: 10/22/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,588

HEWLETT PACKARD COMPANY
APPLICATION SERVICES DIVISION
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH
UNIVERSAL MUSIC GROUP
FISHERS, INDIANA

Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on October 22, 2010, applicable to workers
of Hewlett Packard Company, Applications Services Division,
Fishers, Indiana. The notice was published in the Federal
Register on November 8, 2010 (75 FR 68622).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
provide consulting and application development services for
Hewlett Packard Company and its customers.
New information shows that in early 2010, Hewlett Packard
purchased a portion of Universal Music Group and that some
workers separated from employment at the Fishers, Indiana
location of Hewlett Packard, Applications Services Division had
their wages reported under a separate unemployment insurance
(UI) tax account under the name Universal Music Group.
Accordingly, the Department is amending this certification to
properly reflect this matter. The intent of the Department’s
certification is to include all workers of the subject firm who
were adversely affected by a shift in the consulting and
application development services to a foreign country.
The amended notice applicable to TA-W-74,588 is hereby
issued as follows:
“All workers of Hewlett Packard, Application Services
Division, including workers whose unemployment insurance
(UI) wages are reported through Universal Music Group,
Fishers, Indiana, who became totally or partially separated
from employment on or after August 1, 2009, through October
22, 2012, 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 19th day of January, 2011

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,588

HEWLETT PACKARD COMPANY
APPLICATIONS SERVICES DIVISION
FISHERS, INDIANA

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 September 3, 2010 by a company official on behalf of
workers of Hewlett Packard Company, Applications Services
Division, Fishers, Indiana. The workers provide consulting and
application development services for Hewlett Packard and its
customers.
The investigation revealed that workers of Hewlett Packard
Company who are engaged in employment related to consulting
and application development services meet the criteria for
certification.
Criterion I has been met because a significant number of
workers have been separated or are threatened with separation
over the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the supply of services like
or directly competitive with the services supplied by the
workers.
Criterion III has been met because the shift of services
by Hewlett Packard contributed importantly to worker group
separations in the Applications Services Division.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hewlett Packard
Company, Applications Services Division, Fishers, Indiana, who
are engaged in employment related to consulting and application
development 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 Hewlett Packard, Applications Services
Division, Fishers, Indiana, who became totally or partially
separated from employment on or after August 1, 2009,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the 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 22nd day of October, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




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