DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,341

ELJER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM DICKER STAFFING
DALLAS, TEXAS

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.
This investigation was initiated on February 23, 2009 in
response to a petition filed by a company official on behalf of
workers of Eljer Inc., Dallas, Texas. The workers are engaged
in support activities such as sales, customer service, and
marketing.
The worker group includes on-site leased workers from
Dicker Staffing.
The investigation revealed that workers at the subject firm
were engaged in support activities for an affiliated facility,
Eljer Inc., Ford City, Pennsylvania (TA-W-64,608) who were
certified eligible to apply for trade adjustment assistance
based on a shift in plant production of toilets, tubs, and sinks
to Mexico.
The investigation also revealed that the decline in
employment at the subject firm is directly related to the shift
in production to Mexico by the affiliated trade certified
facility.
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 a shift in production to Mexico
of articles that are like or directly competitive with the
toilets, tubs, and sinks produced by the firm contributed
importantly to the total or partial separation of workers at the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Eljer Inc., Dallas, Texas, including on-
site leased workers from Dicker Staffing, who became
totally or partially separated from employment on or after
February 19, 2008, through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 6th day of April 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance