DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,878

YORK CAPACITOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
WINOOSKI, VERMONT

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, 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 April 5, 2005, in response
to a petition filed by a company official on behalf of workers at
York Capacitor Corporation, Winooski, Vermont. Workers at the
subject firm produce capacitors.
The subject firm also leased some workers from Kelly Services,
Burlington, Vermont.
Employment at the subject firm declined from 2004 through
January through March 2005.
Furthermore, the investigation revealed that some of the
capacitor production at the subject firm shifted from Winooski,
Vermont to a country (Mexico) that is a party to a free trade
agreement with the United States.
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 facility are age 50 or
over and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico 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 York Capacitor Corporation, including on-site
leased workers from Kelly Services, Winooski, Vermont who
became totally or partially separated from employment on or
after March 29, 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 20th day of April 2005.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance