DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,678

BIHLER OF AMERICA
INCLUDING ON-SITE LEASED WORKERS FROM STAFFING ALTERNATIVES
PHILLIPSBURG, NEW JERSEY

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 March 25, 2009 in
response to a petition filed on behalf of the workers of Bihler
of America, Phillipsburg, New Jersey. The workers are engaged in
activities related to the production of electrical products such
as residential receptacles and residential and commercial
switches.
The investigation revealed that the subject firm employed
on-site leased workers from Staffing Alternatives.
The investigation revealed that employment and sales
declined at the subject facility during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customer regarding purchases of electrical products
such as residential receptacles and residential and commercial
switches in 2007, 2008 and January through February 2009 over
the corresponding 2008 period. The survey revealed an increased
reliance on imported electrical products such as residential
receptacles and residential and commercial switches during the
relevant period.
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 an increase reliance of imports
of articles like or directly competitive with the electrical
products such as residential receptacles and residential and
commercial switches produced by Bihler of America, including on-
site leased workers from Staffing Alternatives, Phillipsburg,
New Jersey, 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 Bihler of America, including on-site leased
workers from Staffing Alternatives, Phillipsburg, New
Jersey, who became totally or partially separated from
employment on or after March 12, 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 in Washington, D.C., this 16th day of April 2009

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