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TAW-70029  /  Chick Machine Co., Inc. (Butler, PA)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 06/26/2009
Determination Date: 06/26/2009
Expiration Date: 06/26/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,029

CHICK MACHINE COMPANY, INC
BUTLER, PENNSYLVANIA


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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on May 18, 2009 by a company official on behalf of
workers of Chick Machine Company, Inc., Butler Pennsylvania.
The workers produce parts machined to customer's
specifications. The petitioner alleged that much of the work
the subject firm used to supply has been outsourced.
The investigation revealed that workers of Chick Machine
Company, Inc., who are engaged in employment related to parts
machined to customer's specifications meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because at least 5 percent of
the workers were separated from employment in the first
quarter of 2009 when compared to the same time period of the
previous year.
Criterion II has been satisfied because workers of Chick
Machine Company, Inc. produced and sold parts machined for
customer's specifications to II-VI Incorporated to be
incorporated into optical lenses and cut copper. Workers of
II-VI Incorporated are covered by certification number TA-W-
64,895 issued based on an increased reliance on imports of
optical lenses and cut copper.
Criterion III has been met because the loss of business
by Chick Machine Company, Inc. with respect to parts machined
to customer's specifications sold to II-VI Incorporated
contributed importantly to worker separations at Chick Machine
Company, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Chick Machine
Company, Inc., Butler, Pennsylvania, who are engaged in
employment related to parts machined to customer's
specifications 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 Chick Machine Company, Inc., Butler
Pennsylvania, 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 the 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 26th day of June, 2009.


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