Certified
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TAW-70062  /  Mulholland Brothers (San Francisco, CA)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 07/07/2009
Determination Date: 07/07/2009
Expiration Date: 07/07/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,062

MULHOLLAND BROTHERS
INCLUDING ON-SITE LEASED WORKERS OF
NELSON STAFFING AND CYPRESS IT
AND AN INDEPENDENT CONTRACTOR
SAN FRANCISCO, CALIFORNIA

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. See 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 19, 2009, by three workers on behalf of workers of
Mulholland Brothers, San Francisco, California. The workers
produced leather goods, such as luggage and office
accessories. The worker group includes on-site leased workers
of Nelson Staffing and workers of Cypress IT. The group also
includes an independent contractor who provided human resources
services.
The investigation revealed that the worker group (workers
of Mulholland Brothers, San Francisco, California, on-site
leased workers of Nelson Staffing and Cypress IT, and the
independent contractor) meets the criteria for certification.
Criterion I has been met because more than five percent
of the worker group were laid off during the relevant period.
Criterion II has been satisfied because Mulholland
Brothers has shifted to China the production of articles like
or directly competitive with the leather goods produced by the
workers.
Criterion III has been met because the shift of
production of leather goods to a foreign country by Mulholland
Brothers contributed importantly to worker group separations at
Mulholland Brothers' San Francisco, California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mulholland Brothers,
San Francisco, California, who are engaged in employment related
to leather goods production 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 Mulholland Brothers, including on-site
leased workers of Nelson Staffing and Cypress IT, and an
independent contractor, San Francisco, California, 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 7th day of July 2009


/s/Richard Church
_______________________________
RICHARD CHUCH
Certifying Officer, Division of
Trade Adjustment Assistance