Certified
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TAW-70538  /  Barber Brake Beam, LLC (Saint Joseph, MI)

Petitioner Type: Workers
Impact Date: 05/19/2008
Filed Date: 05/26/2009
Most Recent Update: 10/09/2009
Determination Date: 10/09/2009
Expiration Date: 10/09/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,538

BARBER BRAKE BEAM, LLC
A SUBSIDIARY OF WABTEC CORPORATION
SAINT JOSEPH, MICHIGAN

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 26, 2009, by three workers on behalf of workers of
Barber Brake Beam, LLC, a subsidiary of Wabtec Corporation,
Saint Joseph, Michigan (Barber Brake Beam). The workers
produce brake beams.
The investigation revealed that workers of Barber Brake
Beam who are engaged in employment related to brake beams meet
the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of workers at Barber Brake Beam have been
separated from 2007 to 2008, and during January through April
2009 compared to the corresponding 2008 period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production have decreased absolutely during the
relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with brake beams
produced by Barber Brake Beam have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports by customers of Barber Brake Beam
contributed importantly to worker separations and
sales/production declines at Barber Brake Beam.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Barber Brake Beam who
are engaged in employment related to brake beams 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 Barber Brake Beam, LLC, a subsidiary of
Wabtec Corporation, Saint Joseph, Michigan, who became
totally or partially separated from employment on or after
May 19, 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 9th day of October, 2009.


/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance