DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,576

SGL CARBON, LLC
A SUBSIDIARY OF SGL GROUP – THE CARBON COMPANY
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER AND REFLEX SERVICES
ST. MARYS, 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 April
21, 2009, applicable to workers of SGL Carbon, LLC, a subsidiary
of SGL Group - The Carbon Company, St. Marys, Pennsylvania. The
notice was published in the Federal Register on May 7, 2009 (74
FR 21407).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of carbon and graphite
products.
New information provided by the company shows that workers
leased from Manpower and Reflex Services were employed on-site
at SGL Carbon, LLC, a subsidiary of SGL Group - The Carbon
Company, St. Marys, Pennsylvania.
The intent of the Department’s certification is to include
all workers at the subject firm who were adversely affected by
the shift in production of carbon and graphite products to
Germany.
The Department has determined that these workers were
sufficiently under the control of SGL Carbon, LLC, to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from working on-site at
the St. Marys, Pennsylvania location of the subject firm.
The amended notice applicable to TA-W-65,576 is hereby issued as
follows:









"All workers of SGL Carbon, LLC, a subsidiary of SGL Group
- The Carbon Company, St. Marys, Pennsylvania, including
on-site leased workers from Manpower and Reflex Staffing,
who became totally or partially separated from employment
on or after March 11, 2008 through April 21, 2011, 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 30th day of July 2009
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,576

SGL CARBON, LLC
A SUBSIDIARY OF SGL GROUP – THE CARBON COMPANY
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, 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 March 12, 2009, in
response to a petition filed by the International Union of
Electroinc, Electrical, Salaried, Machine and Furniture Workers,
Communication Workers of America (IUE-CWA), Local 502, on behalf
of workers of SGL Carbon, LLC, a subsidiary of SGL Group - The
Carbon Company, St. Marys, Pennsylvania. Workers at the subject
firm produce carbon and graphite products. Workers are not
separately identifiable.
Employment at the subject firm declined during the period
of January through February 2009 when compared to the same time
period in 2008.
The investigation revealed that the preponderance of
declines in employment at the subject firm is related to a shift
in production of graphite products to Germany. Furthermore, it
is likely that imports of like or directly competitive articles
will increase.
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 was a shift in production
from the workers’ firm or subdivision to Germany of articles
that are like or directly competitive with graphite products
produced by the subject firm or subdivision, and there has been
or is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the
Act, I make the following certification:
"All workers of SGL Carbon, LLC, a subsidiary of SGL Group
- The Carbon Company, St. Marys, Pennsylvania, who became
totally or partially separated from employment on or after
March 11, 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 21st day of April 2009

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




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