Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/20/2009
Most Recent Update: 08/18/2009
Determination Date: 08/18/2009
Expiration Date: 08/18/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,320
CANNONDALE BICYCLE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
RUGGIERI ENTERPRISES, LLC (DBA SPHERION), VSS, LLC (DBA CALLOS
COMPANIES), AND AEROTEK COMMERCIAL STAFFING
BEDFORD, 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(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 Cannondale Bicycle Corporation, Bedford, Pennsylvania
(Cannondale). The workers produce bicycles and bicycle
accessories such as apparel and footwear.
The worker group includes on-site leased workers of
Ruggieri Enterprises, LLC (DBA Spherion), VSS, LLC (DBA Callos
Companies), and Aerotek Commercial Staffing.
The investigation revealed that the worker group meets the
criteria for certification.
Criterion I has been met because employment declined at
the subject firm in January through May 2009 when compared to
the same period of the previous year.
Criterion II has been satisfied because Cannondale has
acquired from foreign countries the production of articles
like or directly competitive with those produced by the
workers.
Criterion III has been met because the acquisition of
production of bicycles and bicycle accessories from Taiwan and
China by Cannondale contributed importantly to worker group
separations at Cannondale Bicycle Corporation, Bedford,
Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cannondale Bicycle
Corporation, Bedford, Pennsylvania, who are engaged in
employment related to the production of bicycles and bicycle
accessories 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 Cannondale Bicycle Corporation, including
on-site leased workers of Ruggieri Enterprises, LLC (DBA
Spherion), VSS, LLC (DBA Callos Companies), and Aerotek
Commercial Staffing, Bedford, 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 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 18th day of August 2009
/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,320
CANNONDALE BICYCLE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
RUGGIERI ENTERPRISES, LLC (DBA SPHERION), VSS, LLC (DBA CALLOS
COMPANIES), AND AEROTEK COMMERCIAL STAFFING
BEDFORD, 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(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 Cannondale Bicycle Corporation, Bedford, Pennsylvania
(Cannondale). The workers produce bicycles and bicycle
accessories such as apparel and footwear.
The worker group includes on-site leased workers of
Ruggieri Enterprises, LLC (DBA Spherion), VSS, LLC (DBA Callos
Companies), and Aerotek Commercial Staffing.
The investigation revealed that the worker group meets the
criteria for certification.
Criterion I has been met because employment declined at
the subject firm in January through May 2009 when compared to
the same period of the previous year.
Criterion II has been satisfied because Cannondale has
acquired from foreign countries the production of articles
like or directly competitive with those produced by the
workers.
Criterion III has been met because the acquisition of
production of bicycles and bicycle accessories from Taiwan and
China by Cannondale contributed importantly to worker group
separations at Cannondale Bicycle Corporation, Bedford,
Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cannondale Bicycle
Corporation, Bedford, Pennsylvania, who are engaged in
employment related to the production of bicycles and bicycle
accessories 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 Cannondale Bicycle Corporation, including
on-site leased workers of Ruggieri Enterprises, LLC (DBA
Spherion), VSS, LLC (DBA Callos Companies), and Aerotek
Commercial Staffing, Bedford, 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 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 18th day of August 2009
/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance