DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,483

SIEMENS ENERGY AND AUTOMATION
SUBSIDIARY OF SIEMENS AG
PROCESS SOLUTIONS DIVISION
PROCESS INSTRUMENTS BUSINESS UNIT
INCLUDING LEASED WORKERS OF STAFFING NETWORK AND CORNERSTONE
MODESTO, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on August 20, 2004 in response
to a petition filed on behalf of workers at SIEMENS Energy and
Automation, subsidiary of SIEMENS AG, Process Solutions Division,
Process Instruments Business Unit, Modesto, California. The
workers at the subject firm produce belt scales, weigh feeders and
flow meters; the workers are not separately identifiable by
function.
The investigation revealed that employment at the subject firm
decreased during the period from January through July 2004 compared
to the same period in 2003.
The investigation revealed that the subject firm also leased
workers from Staffing Network and Cornerstone to produce belt
scales, weigh feeders and flow meters.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of belt scales, weigh
feeders and flow meters to a country (Canada) that is a party to a
free trade agreement with the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not been
met.

Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Canada of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:


















"All workers of SIEMENS Energy and Automation, subsidiary of
SIEMENS AG, Process Solutions Division, Process Instruments
Business Unit, Modesto, California and leased workers of
Staffing Network and Cornerstone working at SIEMENS Energy and
Automation, subsidiary of SIEMENS AG, Process Solutions
Division, Process Instruments Business Unit, Modesto,
California who became totally or partially separated from
employment on or after August 18, 2003 through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
"I further determine that all workers of SIEMENS Energy and
Automation, subsidiary of SIEMENS AG, Process Solutions
Division, Process Instruments Business Unit, Modesto,
California and leased workers of Staffing Network and
Cornerstone working at SIEMENS Energy and Automation,
subsidiary of SIEMENS AG, Process Solutions Division, Process
Instruments Business Unit, Modesto, California are denied
eligibility for Alternative Trade Adjustment Assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 8th day of September 2004

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance