Certified
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TAW-71077  /  Wal-Mart Stores East, LP (Lockbourne, OH)

Petitioner Type: Workers
Impact Date: 06/05/2008
Filed Date: 06/09/2009
Most Recent Update: 06/30/2009
Determination Date: 06/30/2009
Expiration Date: 06/30/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,077

WAL-MART STORES EAST, LP
HEALTH AND WELLNESS DIVISION
WALMART OPTICAL LAB 9779
INCLUDING ON-SITE LEASED WORKERS OF CBS PERSONNEL
LOCKBOURNE, OHIO

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 5, 2009 on behalf of workers of Wal-Mart Stores
East, LP, Health and Wellness Division, Walmart Optical Lab
9779, Lockbourne, Ohio. The investigation revealed that the
worker group includes on-site leased workers of CBS Personnel.
The workers produced eye glasses.
The petitioners alleged that workers were separated due
to a shift of production from Optical Lab 9779 to affiliated
facilities in the United States and Mexico.
The investigation revealed that workers of Optical Lab 9779
who are engaged in employment related to the production of eye
glasses meet the criteria for certification.
Criterion I has been met because employment has decreased
absolutely.
Criterion II has been satisfied because the subject firm
is shifting a significant portion of the production of eye
glasses to unaffiliated contract facilities in Mexico. These
eye glasses have been imported for sale in the United States.
Criterion III has been met because the shift of
production to Mexico contributed importantly to worker group
separations at Optical Lab 9779.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Wal-Mart Stores East,
LP, Health and Wellness Division, Walmart Optical Lab 9779,
including on-site leased workers of CBS Personnel, Lockbourne,
Ohio, who are engaged in employment related to eye glasses 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 Wal-Mart Stores East, LP, Health and
Wellness Division, Walmart Optical Lab 9779, including on-
site leased workers of CBS Personnel, Lockbourne, Ohio,
who became totally or partially separated from employment
on or after June 5, 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 30th day of June, 2009


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