DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,082

HART & COOLEY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DEMAND STAFF AND PERSONNEL SERVICES
WINTERS, TEXAS

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 9, 2009, by a company official on behalf of
workers of Hart & Cooley, Inc., Winters, Texas. The workers
produce air distribution and vent products used for the
housing industry. The worker group includes on-site leased
workers from Demand Staff and Personnel Services.
The investigation revealed that the worker group meets the
criteria for certification.
Criterion I has been met because a significant number of
the worker group were separated during the relevant period.
Criterion II has been satisfied because Hart and Cooley
has shifted to Mexico the production of articles like or
directly competitive with the air distribution and vent
products produced by the workers.
Criterion III has been met because the shift in
production of air distribution and vent products by Hart &
Cooley, Inc. contributed importantly to worker group
separations at the Winters, Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hart & Cooley, Inc.,
including on-site leased workers from Demand Staff and Personnel
Services, Winters, Texas who are engaged in employment related
to the production of air distribution and vent products 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 Hart & Cooley, Inc., including on-site
leased workers from Demand Staff and Personnel Services,
Winters, Texas, who became totally or partially separated
from employment on or after June 4, 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 19th day of November 2009


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