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TAW-71162  /  Husky Injection Molding Systems, Inc. (Cheektowaga, NY)

Petitioner Type: Company
Impact Date: 06/10/2008
Filed Date: 06/11/2009
Most Recent Update: 10/27/2009
Determination Date: 10/27/2009
Expiration Date: 10/27/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,162

HUSKY INJECTION MOLDING SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM
SELECTIVE STAFFING, SUPERIOR STAFFING, AND AP PROFESSIONALS
CHEEKTOWAGA, NEW YORK


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. (Set forth in 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 11, 2009 by a company official on behalf of the
workers of Husky Injection Molding Systems, Cheektowaga, New
York (Husky Injection Molding Systems). The workers are engaged
in activities related to distribution services (purchasing
services and warehousing services). The workers are not
separately identifiable by function.
The worker group also includes on-site leased workers from
Selective Staffing, Superior Staffing, and AP Professionals.
The investigation revealed that workers of Husky Injection
Molding Systems, including on-site leased workers from
Selective Staffing, Superior Staffing, and AP Professionals,
Cheektowaga, New York, who are engaged in activities related
to distribution services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in distribution services by Husky Injection Molding
Systems to Canada.
Criterion III has been met because the shift in
distribution services by Husky Injection Molding Systems to
Canada contributed importantly to worker group separations at
Husky Injection Molding Systems.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Husky Injection
Molding Systems, including on-site leased workers from
Selective Staffing, Superior Staffing, and AP Professionals,
Cheektowaga, New York, who are engaged in activities related to
distribution services (purchasing services and warehousing
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 Husky Injection Molding Systems, including
on-site leased workers from Selective Staffing, Superior
Staffing, and AP Professionals, Cheektowaga, New York, who
became totally or partially separated from employment on or
after June 10, 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 27th day of October, 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance