DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,517

DEROYAL INDUSTRIES
LMB DIVISION
SAN LUIS OBISPO, CALIFORNIA

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 November 24, 2008 in
response to a petition filed by workers on behalf of workers of
DeRoyal Industries, LMB Division, San Luis Obispo, California.
Workers at the subject firm produced patient care orthopedic
products, specifically bracing and splinting braces for physical
injuries. Workers are not separately identifiable by product.
Employment and production at the subject firm declined
absolutely with the permanent closure of the facility in 2008.
The investigation revealed that the subject firm has
shifted its production of patient care orthopedic products to a
country (Dominican Republic) that is 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 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 has been a shift in
production from the workers' firm or subdivision to the
Dominican Republic 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 DeRoyal Industries, LMB Division, San Luis
Obispo, California who became totally separated from
employment on November 13, 2007, 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 at Washington, D.C., this 11th day of December 2008

/s/ Linda G. Poole

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