DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,055

OVONIC ENERGY PRODUCTS
INCLUDING ON-SITE LEASED WORKERS FROM PDSI
SPRINGBORO, OHIO

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on August 28, 2009, applicable to workers of Ovonic
Energy Products, Springboro, Ohio. The notice was published in
the Federal Register on November 5, 2009 (74 FR 57340).
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 batteries and related energy
storage systems.
New information shows that workers leased from PDSI were
employed on-site at the Springboro, Ohio location of Ovonic
Energy Products. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from PDSI working on-site
at the Springboro, Ohio location of Ovonic Energy Products.
The amended notice applicable to TA-W-70,055 is hereby
issued as follows:
"All workers Ovonic Energy Products, including on-site
leased workers from PDSI, Springboro, Ohio, who became
totally or partially separated from employment on or
after May 18, 2008, through August 28, 2011, 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 at Washington, D.C. this 4th day of May 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-70,055

OVONIC ENERGY PRODUCTS, INC.
SPRINGBORO, OHIO

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:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 19, 2009 by a union official on behalf of workers of
Ovonic Energy Products (Ovonic). The workers produce batteries
and energy storage systems.
The investigation revealed that workers of Ovonic who are
engaged in employment related to the production of batteries and
energy storage systems meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
of workers at the subject firm were separated during the relevant
period
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of batteries and energy storage systems by
Ovonic have decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
batteries and energy storage systems produced by the worker group
at Ovonic have increased. Specifically, a major customer has
increased its reliance on imported batteries during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of batteries and energy storage systems by
customers of Ovonic contributed importantly to the worker group
separations and sales/production declines at Ovonic.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ovonic Energy Systems,
Springboro, Ohio, who are engaged in employment related to
production of batteries and energy storage systems 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 Ovonic Energy Systems, Springboro, Ohio 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 28th day of August, 2009.


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





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