Certified
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TAW-61655  /  Westell, Inc. (Aurora, IL)

Petitioner Type: Company
Impact Date: 06/07/2006
Filed Date: 06/11/2007
Most Recent Update: 06/25/2007
Determination Date: 06/25/2007
Expiration Date: 06/25/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,655

WESTELL, INC.
INCLUDING ON-SITE TEMPORARY WORKERS FROM
KAY AND ASSOCIATES
AURORA, ILLINOIS

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on June 25, 2007,
applicable to workers of Westell, Inc., Aurora, Illinois. The
notice was published in the Federal Register on July 19, 2007 (72
FR 39642).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of network access products, and are
not separately identifiable.
New information shows that temporary workers of Kay and
Associates were employed on-site at the Aurora, Illinois location
of Westell, Inc. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered temporary workers.
Based on these findings, the Department is amending this
certification to include temporary workers of Kay and Associates
working on-site at the Aurora, Illinois location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Westell, Inc., Aurora, Illinois who were
adversely affected by increased imports of network access
products.
The amended notice applicable to TA-W-61,655 is hereby
issued as follows:
"All workers of Westell, Inc., including on-site
temporary workers from Kay and Associates, Aurora,
Illinois, who became totally or partially separated
from employment on or after June 7, 2006, through June
25, 2009, 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 at Washington, D.C. this 17th day of June 2008

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,655

WESTELL INC.
AURORA, ILLINOIS

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)(A) of
Section 222 have been met.
The investigation was initiated on June 11, 2007, in response
to a petition filed by a company official on behalf of workers of
Westell Inc., Aurora, Illinois. The workers produce network access
products, and are not separately identifiable.
The investigation revealed that employment, and production at
the subject firm declined absolutely from year to date May 31, 2006
as compared to year to date May 31, 2007.
The investigation further revealed that imports of network
access products have increased from May 31, 2006 to date May 31,
2007.
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.
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 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 increases of imports of articles
like or directly competitive with network access products produced
by Westell Inc., Aurora, Illinois 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 Westell Inc., Aurora, Illinois, 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 25th day of June, 2007


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










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