DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,264

FREEPORT-MCMORAN TYRONE MINING LLC
INCLUDIING ALL RECLAMATION GROUP EMPLOYEES
TYRONE, NEW MEXICO

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 on behalf of workers of Freeport-McMoRan
Tyrone Mining LLC, Tyrone, New Mexico. Workers of the subject firm
are engaged in employment related to the production of copper
cathode.
The worker group includes all workers engaged in reclamation
of the Tyrone mine. The reclamation group provides services that
are vital to the functionality of the mining operation.
The investigation revealed that workers of the Tyrone, New
Mexico mine who are engaged in employment related to the
production of copper cathode meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers has been separated.
Criterion II has been met because the workers' firm has
shifted the production of an article like or directly competitive
with copper cathode to a foreign country.
Criterion III has been met because the shift of production
of copper cathode by the firm to the Democratic Republic of the
Congo contributed importantly to worker group separations at the
Tyrone, New Mexico mine.





Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Freeport-McMoRan Tyrone
Mining LLC, including all reclamation group employees, Tyrone, New
Mexico, who are engaged in employment related to the production of
copper cathode 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 Freeport-McMoRan Tyrone Mining LLC, including
all reclamation group employees, Tyrone, New Mexico, 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 24th day of August, 2009


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance