Certified
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TAW-70581  /  CB&I Constructors, Inc. (Provo, UT)

Petitioner Type: Union
Impact Date: 05/22/2008
Filed Date: 05/26/2009
Most Recent Update: 12/15/2009
Determination Date: 12/15/2009
Expiration Date: 12/15/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,581

CB&I CONSTRUCTORS, INC.
PROVO SHOP DIVISION
PROVO, UTAH

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 the International Brotherhoood of
Boilermakers on behalf of workers of CB&I Constructors, Inc.,
Provo Shop Division, Provo, Utah (CB&I). The workers produce
fabricated parts. Workers are not separately identifiable by
article produced.
The investigation revealed that workers of CB&I, who are
engaged in employment related to the production of fabricated
parts, meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of workers at CB&I have been separated
during January through May 2009 compared to the corresponding
2008 period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production at CB&I have decreased during the relevant
period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with fabricated parts
produced by CB&I have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports by customers of CB&I contributed
importantly to worker separations and sales/production
declines at CB&I.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CB&I Constructors,
Inc., Provo Shop Division, Provo, Utah, who are engaged in
employment related to the production of fabricated parts, 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 CB&I Constructors, Inc., Provo Shop
Division, Provo, Utah, who became totally or partially
separated from employment on or after May 22, 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 15th day of December, 2009


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