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TAW-70235  /  SCI, LLC / Zener-Rectifier (Phoenix, AZ)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/20/2009
Most Recent Update: 10/19/2009
Determination Date: 10/19/2009
Expiration Date: 10/19/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,235

SCI, LLC/ZENER-RECTIFIER
OPERATIONS DIVISION
A WHOLLY OWNED SUBSIDIARY OF
SCI, LLC/ON SEMICONDUCTOR
INCLUDING ON-SITE LEASED WORKERS FROM
SUPERIOR TECHNICAL RESOURCES
PHOENIX, ARIZONA

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 October 19, 2009, applicable to workers of SCI
LLC/Zener-Rectifier, Operations Division, a wholly owned
subsidiary of SCI, LLC/ON Semiconductor, Phoenix, Arizona. The
notice was published in the Federal Register on December 11, 2009
(74 FR 65795).
At the request of the petitioner, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of semiconductor devices.
The company reports that workers leased from Superior
Technical Resources were employed on-site at the Phoenix Arizona
location of SCI LLC/Zener-Rectifier, Operations Division, a


wholly owned subsidiary of SCI, LLC/ON Semiconductor. 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 Superior Technical
Resources working on-site at the Phoenix, Arizona location of SCI
LLC/Zener-Rectifier, Operations Division, a wholly owned
subsidiary of SCI, LLC/ON Semiconductor.


The amended notice applicable to TA-W-70,235 is hereby
issued as follows:
"All workers of SCI LLC/Zener-Rectifier, Operations
Division, a wholly owned subsidiary of SCI, LLC/ON
Semiconductor, including on-site leased workers from
Superior Technical Resources Phoenix, Arizona, who
became totally or partially separated from employment
on or after May 18, 2008, through October 19, 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 23rd day of April 2010.

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,235

SCI, LLC/ZENER-RECTIFIER
OPERATIONS DIVISION
A WHOLLY OWNED SUBSIDIARY OF SCI, LLC/ON SEMICONDUCTOR
PHEONIX, ARIZONA

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 20, 2009 by a company official on behalf of workers
of SCI, LLC/Zener-Rectifier, Operations Division, a wholly owned
subsidiary of SCI, LLC/ON Semiconductor, Phoenix, Arizona. The
workers produce semiconductor devices.
The investigation revealed that workers of SCI, LLC/Zener-
Rectifier, Operations Division, who are engaged in employment
related to production of semiconductor devices meet the criteria
for 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 the workers’ firm
has shifted to a foreign country the production of articles like
directly competitive with the articles produced by the workers.
Criterion III has been met because the shift in production
of semiconductor devices to Malaysia by SCI, LLC/Zener-Rectifier
contributed importantly to worker group separations at the
Phoenix, Arizona facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SCI, LLC/Zener-
Rectifier, Operations Division, a wholly owned subsidiary of SCI,
LLC/ON Semiconductor, Phoenix, Arizona who are engaged in
employment related to production of semiconductor devices 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 SCI, LLC/Zener-Rectifier, Operations Division,
a wholly owned subsidiary of SCI, LLC/ON Semiconductor,
Phoenix, Arizona, 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 19th day of October, 2009


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



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