DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,764

WHIRLEY INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS OF
KELLY SERVICES
EXPRESS PERSONNEL SERVICES
ADDECCO
WARREN, PENNSYLVANIA

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

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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)(A) of Section 222 have been met.
The investigation was initiated in response to a petition
initiated on March 16, 2005 and filed on behalf of workers of
Whirley Industries, Inc., Warren, Pennsylvania. The workers
produce plastic promotional drinkware.
The investigation revealed that Whirley Industries, Inc.
leased workers from Kelly Services, Express Personnel Services,
and Addecco to work on-site at the Warren, Pennsylvania
facility.
The investigation further revealed that employment and
production declined at the subject firm from January through
February 2004 compared to the same period in 2005.
The investigation also revealed that imports of plastic
promotional drinkware by the subject firm increased during the
relevant time period.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with plastic promotional drinkware
produced by Whirley Industries, Inc., Warren, Pennsylvania
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Whirley Industries, Inc., including on-site
leased workers of Kelly Services, Express Personnel
Services, Addecco, Warren, Pennsylvania, who became totally
or partially separated from employment on or after February
25, 2004 through two years from the date of certification
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 7th day of April 2005.


/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance