Certified
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TAW-71330  /  Siemens Building Technologies, Inc. (Florham Park, NJ)

Petitioner Type: State
Impact Date: 06/22/2008
Filed Date: 06/22/2009
Most Recent Update: 10/08/2009
Determination Date: 10/08/2009
Expiration Date: 10/08/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,330

SIEMENS BUILDING TECHNOLOGIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION STAFFING SERVICES
FLORHAM PARK, NEW JERSEY

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 22, 2009 by a state workforce office on behalf of
workers of Siemens Building Technologies, Inc., Florham, New
Jersey. The workers are engaged in employment related to the
production of electronic fire alarm systems. The worker group
includes on-site leased workers from Spherion Staffing Services.
The investigation revealed that workers of Siemens Building
Technologies, Inc. who are engaged in employment related to
the production of electronic fire alarm systems meet the
criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been met because the workers' firm has
shifted to foreign countries the production of an article like
or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in production
of electronic fire alarm systems to China and Mexico by
Siemens Building Technologies, Inc. contributed importantly to
worker group separations at the Florham Park, New Jersey
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Siemens Building
Technologies Inc., Florham Park, New Jersey, including on-site
leased workers of Spherion Staffing Services, who are engaged in
employment related to the production of electronic fire alarm
systems, 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 Siemens Building Technologies Inc.,
Florham Park, New Jersey, including on-site leased workers
from Spherion Staffing Services, who became totally or
partially separated from employment on or after June 22,
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 8th day of October, 2009.


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