DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,822

WAGNER EQUIPMENT COMPANY
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on June 1, 2009 by a company official on behalf of
workers of Wagner Equipment Company, Tyrone, New Mexico. The
workers are engaged in activities related to supply of
maintenance services for earthmoving equipment. The
petitioner alleged that a loss of business with Freeport
McMoRan Copper led to separations at the subject firm.
The investigation revealed that workers of Wagner Equipment
Company who are engaged in activities related to supply of
maintenance services for earthmoving equipment meet the
criteria as suppliers for secondary worker certification.
Criterion I has been met because a signification
proportion of the workers have been separated.
Criterion II has been met because workers of Wagner
Equipment Company supplied maintenance services for
earthmoving equipment to a firm that employed a worker group
who is covered by an active certification to be used in the
reclamation of the customer's copper mine.
Criterion III has been met because the loss of business
by Wagner Equipment Company with the TAA-certified firm, with
respect to the supply of maintenance services for earthmoving
equipment sold to the TAA-certified firm, contributed
importantly to worker separations at Wagner Equipment Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Wagner Equipment
Company, Tyrone, New Mexico, who are engaged in activities
related to supply of maintenance services for earthmoving
equipment 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 Wagner Equipment Company, Tyrone, New
Mexico, who became totally or partially separated from
employment on or after May 27, 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 26th day of March, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance