DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,256

FLUIDMASTER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
APPLEONE, AEROTEK, AND ADECCO
SAN JUAN CAPISTRANO, 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 20, 2009 by a company official on behalf of
workers of Fluidmaster, Inc., San Juan Capistrano, California.
The workers produced toilet and plumbing products.
The worker group includes on-site leased workers from
Appleone, Aerotek, and Adecco.
The investigation revealed that workers of the San Juan
Capistrano plant who are engaged in employment related to the
production of toilet and plumbing products meet the criteria
for certification.
Criterion I has been met because more than five percent
of the workers were separated from employment in January
through April 2009 compared with the same period in 2008.
Criterion II has been satisfied because production of
toilet and plumbing products was shifted to a facility in
Mexico.
Criterion III has been met because the shift of
production to Mexico contributed importantly to worker
separations at the San Juan Capistrano Plant.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fluidmaster, Inc.,
San Juan Capistrano, California, who are engaged in employment
related to toilet and plumbing products 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 Fluidmaster, Inc., including on-site
leased workers from Appleone, Aerotek, and Adecco, San
Juan Capistrano, 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 23rd day of July, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance