Certified
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TAW-65797  /  ABB, Inc. (Wichita Falls, TX)

Petitioner Type: Workers
Impact Date: 04/13/2008
Filed Date: 04/15/2009
Most Recent Update: 06/17/2009
Determination Date: 06/17/2009
Expiration Date: 06/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,797

ABB, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION STAFFING, DIVIDEND STAFFING, MYSTAFF,
AND ZERO CHAOS
WICHITA FALLS, TEXAS

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, as
amended (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 June 17,
2009, applicable to workers of ABB Inc., Wichita Falls, Texas.
The notice was published in the Federal Register July 14, 2009 (74
FR 34038).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers are
engaged in the production of electrical components.
New information shows that workers leased from Spherion
Staffing, Dividend Staffing, MyStaff, and Zero Chaos were employed
on-site by the Wichita Falls, Texas location of ABB, Inc. The
Department has determined that these workers were sufficiently
under the control and in support of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Spherion Staffing,
Dividend Staffing, MyStaff, and Zero Chaos working on-site at the
Wichita Falls, Texas location of ABB, Inc.
The amended notice applicable to TA-W-65,797 is hereby issued
as follows:
"All workers of ABB, Inc., include on-site leased workers from
Spherion Staffing, Dividend Staffing, MyStaff, and Zero Chaos
Wichita Falls, Texas, who became totally or partially
separated from employment on or after April 13, 2008 through
June 17, 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 7th day of April 2010


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,797

ABB, INC.
WICHITA FALLS, 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, 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 April 15, 2009, in response
to a petition filed on behalf of workers of ABB Inc., Wichita
Falls, Texas. The workers produce electrical components.
The investigation revealed that the subject shifted production
to Mexico in 2008. There were employment declines at the subject
firm in 2008 and in 2009.
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 addition, 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 conclude that there was a shift in production from
the workers firm or subdivision to Mexico 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 ABB, Inc., Wichita Falls, Texas who became
totally or partially separated from employment on or after
April 13, 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 17th day of June 2009



/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance






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