Certified
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TAW-59220  /  First Choice Staffing Inc. (Santa Ana, CA)

Petitioner Type: State
Impact Date: 04/14/2005
Filed Date: 04/17/2006
Most Recent Update: 05/11/2006
Determination Date: 05/11/2006
Expiration Date: 05/11/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,220

FIRST CHOICE STAFFING, INC.
WORKING ON-SITE AT ITT
MFC-ELECTRONIC COMPONENTS DIVISION
SANTA ANA, 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 April 17, 2006 in response
to a petition filed by a state agency representative on behalf of
workers of First Choice Staffing, Inc., Irvine, California, working
on-site at ITT, MFC-Electronic Components Division, Santa Ana,
California. The workers at ITT, MFC-Electronic Components Division
in Santa Ana, California, produce electrical connectors (metal).
The investigation revealed that First Choice Staffing, Inc.,
Irvine, California, is a temporary hiring agency, and in this case
the workers were placed at a production facility, ITT, MFC-
Electronic Components Division, in Santa Ana, California.
Workers of the production facility are not covered by a
certification of eligibility to apply for adjustment assistance.
The Department conducted an investigation to determine if workers
of ITT, MFC-Electronic Components Division, in Santa Ana,
California, are certifiable (could the workers be certified if they
had filed a petition).
The investigation revealed that the decline in the number of
employees of First Choice Staffing, Inc., Irvine, California
working on-site at ITT, MFC-Electronic Components Division, Santa
Ana, California, is attributable to a shift in production of
electrical connectors to a country (Mexico) 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.
The workers possess skills that are easily transferable in the
local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from ITT, MFC-Electronic Components Division, Santa Ana, California
to Mexico, of articles that are like or directly competitive with
the electrical connectors produced by that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"Workers of First Choice Staffing, Inc., working on-site at
ITT, MFC-Electronic Components Division, Santa Ana,
California, who became totally or partially separated from
employment on or after April 14, 2005 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
I further determine that workers of First Choice Staffing,
Inc., working on-site at ITT, MFC-Electronic Components Division,
Santa Ana, California, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 11th day of May 2006


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