DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,852

VICTAULIC COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS EMPLOYMENT
PROFESSIONALS
LELAND, NORTH CAROLINA

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 June 2, 2009 by a company official, on behalf of
workers of Victaulic Company, Leland, North Carolina
(Victaulic). The workers produce rubber gaskets and sprinkler
heads.
The worker group also consists of on-site leased workers
from Express Employment Professionals.
The investigation revealed that workers of Victaulic who
are engaged in employment related to the production of rubber
gaskets and sprinkler heads meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers at Victaulic have been separated during
the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of an article like
or directly competitive with the article produced by the
workers during the relevant period.
Criterion III has been met because the shift of rubber
gaskets and sprinkler heads to China and Poland by Victaulic
contributed importantly to worker group separations at
Victaulic Company, Leland, North Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Victaulic Company,
Leland, North Carolina, who are engaged in employment related to
the production of rubber gaskets and sprinkler heads 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 Victaulic Company, Leland, North Carolina
including on-site leased workers from Express Employment
Professionals, 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 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 25th day of August, 2009.

/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance