Certified
« back to search results

TAW-70214  /  W and N Machine Shop, Inc. (Saint Marys, PA)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 08/28/2009
Determination Date: 08/28/2009
Expiration Date: 08/28/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,214

W&H MACHINE SHOP, INC.
ST. MARYS, 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 19, 2009 by a company official on behalf of workers
of W&H Machine Shop, Inc. (W&H), St. Marys, Pennsylvania. The
workers repaired automation machines used to produce articles.
The investigation revealed that workers of W&H Machine Shop
who are engaged in employment related to the repair of
automation machines 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 time period.
Criterion II has been satisfied because workers of W&H
Machine Shop repaired automation machines for Metaldyne,
Sintered Division, Ridgway, Pennsylvania. (TA-W-63,883), Metal
Powder Products Company, St. Marys, Pennsylvania (TA-W-62,289),
and SGL Carbon, LLC, St. Marys, Pennsylvania (TA-W-65,576).
Workers of Metaldyne, Sintered Division, Ridgway,
Pennsylvania are covered by certification number TA-W-63,883
issued based on increases of customer imports of articles like
or directly competitive with powdered metal automotive
components produced by Metaldyne, which contributed importantly
to the total or partial separation of workers and to the decline
in sales or production at Metaldyne.
Workers of SGL Carbon, LLC, St. Marys, Pennsylvania are
covered by certification number TA-W-65,567 issued based on a
shift in production from the workers' firm or subdivision to
Germany of articles that are like or directly competitive with
graphite products produced by SGL Carbon, and there has been or
is likely to be an increase in imports of like or directly
competitive articles.
Workers of Metal Powder Products Company, St. Marys,
Pennsylvania are covered by certification number TA-W-62,289
issued based on the determination that increases of customer
imports of articles like or directly competitive with powdered
metal parts produced by Metal Powder Products Company,
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm
or subdivision.
Criterion III has been met because the loss of business by
W&H Machine Shop, Inc. with respect to the repair of automation
machines for the certified customers listed above contributed
importantly to worker separations at W&H Machine Shop, Inc.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of W&H Machine Shop,
Inc., St. Marys, Pennsylvania who are engaged in employment
related to the repair of automation machines 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 W&H Machine Shop, Inc., St. Marys,
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 28th day of August, 2009.


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