DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,931

TYCO ELECTRONICS
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY STAFFING AND DIVERSCO
EAST BERLIN, PENNSYLVANIA

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 October 4, 2007,
applicable to workers of Tyco Electronics, including on-site
leased workers of Kelly Staffing, East Berlin, Pennsylvania. The
notice was published in the Federal Register on October 17, 2007
(72 FR 58898).
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 electronic connectors.
New information shows that leased workers of Diversco were
employed on-site at the East Berlin, Pennsylvania location of
Tyco Electronics. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Diversco working on-
site at the East Berlin, Pennsylvania location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Tyco Electronics who were adversely
affected by increased imports of electronic connectors.
The amended notice applicable to TA-W-61,931 is hereby
issued as follows:
"All workers of Tyco Electronics, including on-site
leased workers from Kelly Staffing and Diversco, East
Berlin, Pennsylvania, who became totally or partially
separated from employment on or after August 2, 2006,
through October 4, 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 27th day of June 2008

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

4510-FN-P


Employment and Training Administration

TA-W-61,931

TYCO ELECTRONICS
INCLUDING ON-SITE LEASED WORKERS OF
KELLY STAFFING
EAST BERLIN, 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 on August 3, 2007, in response
to a petition filed by a company official on behalf of workers at
Tyco Electronics, East Berlin, Pennsylvania the workers produce
electronic connectors.
The investigation revealed that the subject firm employs on-
site leased workers from Kelly Staffing.
Additionally, the investigation revealed that sales, and
production at the subject firm have declined during the period of
January through July 2007 as compared to the same time period the
previous year. Employment at the subject firm began to decline in
September of 2007.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of electronic
connectors in 2005, 2006, and January through July 2007. These
surveys revealed increased imports of electronic connectors during
the period under investigation.
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 subject facility 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 increases of imports of articles
like or directly competitive with electronic connectors produced by
Tyco Electronics, East Berlin, 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 Tyco Electronics, East Berlin, Pennsylvania,
including on-site leased workers of Kelly Staffing at Tyco
Electronics, East Berlin, Pennsylvania who became totally or
partially separated from employment on or after August 2, 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 4th day of October, 2007

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







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