DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,158

MILLER WELDING & MACHINE CO.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER AND SPHERION
AGENCY
BROOKVILLE, 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 services used
in the production of 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 19, 2009 by a group of workers of Miller Welding &
Machine Company. The workers produce custom-made components
for customers that produce items such as medical and
construction equipment. The worker group includes on-site
leased workers from Manpower and Spherion Agency.
The investigation revealed that workers of Miller who are
engaged in employment related to the production of various
custom-made components meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been satisfied because workers of Miller
produced and sold custom-made components to JLG Industries,
Inc., McConnellsburg, Pennsylvania to be incorporated into
aerial work platforms, telehandlers, and other component
parts. Workers of JLG Industries, Inc. are covered by
certification number TA-W-70,158 issued based on increased
customer imports of aerial work platforms, telehandlers, and
other component parts.
Criterion III has been met because the custom-made
components produced by Miller Welding & Machine Company for
JLG Industries, Inc. accounted for at least 20 percent of the
production or sales of Miller Welding & Machine Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Miller Welding &
Machine Co., including on-site leased workers of Manpower and
Spherion Agency, Brookville, Pennsylvania, who are engaged in
employment related to production of custom-made component parts
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 Miller Welding & Machine Co., including
on-site leased workers of Manpower and Spherion Agency,
Brookville, 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 7th day of October, 2009


/s/Michael W. Jaffe
______________________________
Michael W. Jaffe
Certifying Officer, Division of
Trade Adjustment Assistance