Certified
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TAW-70020  /  TMD Friction, Inc. (Dublin, VA)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 07/17/2009
Determination Date: 07/17/2009
Expiration Date: 07/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,020

TMD FRICTION, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXECUTIVE REGIONAL MANAGEMENT
DUBLIN, VIRGINIA


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii)).

The investigation was initiated in response to a petition
filed on May 18, 2009 by a company official on behalf of workers
of TMD Friction, Inc., Dublin, Virginia. The workers produced
disc brake pads.
The worker group includes on-site leased workers from
Executive Regional Management.
The investigation revealed that workers of TMD Friction,
Inc., Dublin, Virginia, who are engaged in employment related
to the production of disc brake pads, meet the criteria for
certification.
Criterion I has been met because employment at the subject
firm declined during the relevant period.
Criterion II has been satisfied because the subject firm
shifted production of disc brake pads to a foreign country.
Criterion III has been met because the shift of disc
brake pad production to Mexico by TMD Friction, Inc., Dublin,
Virginia contributed importantly to worker separations at the
firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TMD Friction, Inc.,
including on-site leased workers from Executive Regional
Management, Dublin, Virginia, who are engaged in employment
related to production of disc brake pads meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of TMD Friction, Inc., including on-site
leased workers from Executive Regional Management, Dublin,
Virginia, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 20th day of July, 2009.

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