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TAW-71343  /  Metso Minerals Industries, Inc. (Columbia, SC)

Petitioner Type: Workers
Impact Date: 06/22/2008
Filed Date: 06/22/2009
Most Recent Update: 10/13/2009
Determination Date: 10/13/2009
Expiration Date: 10/13/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,343

METSO MINERALS INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXECUTIVE STAFFING AND AEROTEK
COLUMBIA, SOUTH CAROLINA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on October 13, 2009, applicable to workers of Metso
Minerals Industries, Inc., including o n-site leased workers from
Executive Staffing, Columbia, South Carolina. The notice will be
published soon in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of mining machinery.
The company reports that on-site leased workers from Aerotek
were employed on-site at the Columbia, South Carolina location of
Metso Minerals Industries, Inc. The Department has determined
that these workers were sufficiently under the control of the
subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Aerotek working on-
site at the Columbia, South Carolina location of Metso Minerals
Industries, Inc.
The amended notice applicable to TA-W-71,343 is hereby
issued as follows:
"All workers of Metso Minerals Industries, Inc.,
including on-site leased workers from Executive
Staffing and Aerotek, Columbia, South Carolina, who
became totally or partially separated from employment
on or after June 22, 2008, through October 13, 2011,
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 at Washington, D.C. this 8th day of December 2009.

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,343

METSO MINERALS INDUSTRIES, INC.
INCLUDING ON-SITE LEASE WORKERS FROM EXECUTIVE STAFFING
COLUMBIA, SOUTH 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 22, 2009 on behalf of workers of Metso Minerals
Industries, Inc., Columbia, South Carolina. The workers produce
mining machinery. The worker group includes on-site leased workers
from Executive Staffing.
The investigation revealed that workers of Metso Minerals
Industries, Inc. who are engaged in employment related to the
production of mining machinery 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 satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of mining
machinery to Finland by Metso Minerals Industries, Inc.
contributed importantly to worker group separations at the
Columbia, South Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Metso Minerals
Industries, Inc., Columbia, South Carolina, who are engaged in
employment related to the production of mining machinery 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 Metso Minerals Industries, Inc., including
on-site leased workers from Executive Staffing, Columbia,
South Carolina, 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 13th day of October, 2009


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



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