DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,844

ALLIED BARTON SECURITY SERVICES
EMPLOYED AT PHELPS DODGE CHINO, INC.
HURLEY, 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 three workers on behalf of workers of
Allied Barton Security Services, El Paso, Texas (Allied Barton
Security). The workers provide security services at a mine
owned and operated by Phelps Dodge Chino, Inc. in Hurley, New
Mexico. The petitioners allege that the worker separations at
the subject facility are a result of loss of business with a
TAA-certified firm, Phelps Dodge Chino, Inc., in Hurley, New
Mexico.
The investigation revealed that workers of Allied Barton
Security who are engaged in employment related to security
services meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because over five percent of the
workers were laid off in January through June 2009 compared
with the same period in 2008.
Criterion II has been met because workers of Allied
Barton Security provided security services to Phelps Dodge
Chino, Inc. in support of the production of copper and
molybdenum concentrates. Workers of Phelps Dodge Chino, Inc.,
Hurley, New Mexico, are covered by certification number TA-W-
64,924 issued based on the increased imports of copper.
Criterion III has been met because the loss of business
by Allied Barton Security with respect to security services
sold to Phelps Dodge Chino, Inc. contributed importantly to
worker separations at Allied Barton Security.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Allied Barton
Security Services, L.P., employed at Phelps Dodge Chino, Inc.,
Hurley, New Mexico, who are engaged in employment related to
security services, 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 Allied Barton Security Services, L.P., employed
at Phelps Dodge Chino, Inc., Hurley, New Mexico, who became
totally or partially separated from employment on or after May
29, 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 16th day of September, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance