DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,648

ENERGY CONVERSION SYSTEMS HOLDING LLC
INCLUDING ON-SITE LEASE WORKERS OF
MM TEMPS INCORPORATED
KANE, 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), 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)(B) of Section 222 have been met.
The investigation was initiated on May 8, 2007 in response
to a petition filed by a company official on behalf of workers of
Energy Conversion Systems Holding LLC (ECS), Kane, Pennsylvania.
The workers at the subject firm produced injection molded
magnets for automotive, utility and other industries.
The investigation revealed that plant employment declined during
the relevant period.
The investigation also revealed that the subject firm has
gradually shifted plant production of injection molded magnets to
Mexico, a country that is a party to a Free Trade Agreement with
the United States.
The investigation further revealed that Energy Conversion
Systems leased workers from MM Temps, Inc. to work on-site at
Energy Conversion Systems Holding LLC, Kane, Pennsylvania. The
workers were engaged activities related to the production of
injection molded magnets.
In accordance with Section 246 of 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 addition, 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 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 Energy Conversion Systems Holding LLC, Kane,
Pennsylvania including on-site leased workers of MM Temps,
Inc. who became totally or partially separated from
employment on or after June 7, 2006, 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 27th day of June 2007.


/s/Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance