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TAW-65398  /  ACCU-Chek Machining, Inc. (Saint Marys, PA)

Petitioner Type: Workers
Impact Date: 02/25/2008
Filed Date: 02/26/2009
Most Recent Update: 03/27/2009
Determination Date: 03/27/2009
Expiration Date: 03/27/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,398

ACCU-CHEK MACHINING INCORPORATED
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER AND SPHERION
ST. MARYS, 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on February 26, 2009 in
response to a petition filed on behalf of workers of ACCU-Chek
Machining Incorporated, St. Marys, Pennsylvania. Workers at the
subject facility are engaged in activities related to the
production of machined parts.
The worker group includes on-site leased workers from Manpower
and Spherion.
The investigation revealed that sales and employment at the
subject facility declined during the relevant period.
The investigation revealed that ACCU-Chek Machining
Incorporated, including on-site leased workers from Manpower and
Spherion, St. Marys, Pennsylvania, supplies components and a loss
of business with a manufacturer of powder metal parts whose workers
were certified eligible to apply for adjustment assistance
contributed importantly to the separation or threat of separation
of workers at ACCU-Chek Machining Incorporated, including on-site
leased workers from Manpower and Spherion, St. Marys, Pennsylvania.
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 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 workers of ACCU-Chek Machining
Incorporated, including on-site leased workers from Manpower and
Spherion, St. Marys, Pennsylvania, as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of ACCU-Chek Machining Incorporated, including
on-site leased workers from Manpower and Spherion, St. Marys,
Pennsylvania, who became totally or partially separated from
employment on or after February 25, 2008, 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 27th day of March 2009

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