DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,427

MODERN INDUSTRIES, INC.
MACHINING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO TECHNICAL,
ADVANCED PLACEMENT, ALL SEASONS PLACEMENT, CAREER CONCEPTS,
EXPRESS PERSONNEL SERVICES, KELLY SERVICES, AND SELECT
STAFFING
ERIE, PENNSYLVANIA

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on June 26, 2009 by a company official on behalf of
workers of Modern Industries, Inc., Machining Division, Erie,
Pennsylvania (Modern). The workers produce machined metal
engine components for heavy trucks.
The worker group also consists of on-site leased workers
from Adecco Technical, Advanced Placement, All Seasons
Placement, Career Concepts, Express Personnel Services, Kelly
Services, and Select Staffing.
The investigation revealed that workers of Modern who are
engaged in employment related to the production of machined
metal engine components for heavy trucks meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at the workers' firm have
been separated during January through June 2009 compared to
the corresponding 2008 period.
Section 222(a)(2)(A)(i) has been met because sales and
production of machined metal engine components for heavy
trucks by Modern have decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with machined metal
engine components produced by Modern have increased in
reliance to domestic purchasing. The Department of Labor
surveyed the subject firm's major declining customers regarding
purchases of machined metal engine components in 2007, 2008,
and January through June 2009. The survey revealed relative
increases in imports to subject firm purchases of machined
metal engine components for heavy trucks during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on imports of machined metal engine
components for heavy trucks by customers of Modern contributed
importantly to the worker group separations and
sales/production declines at Modern.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Modern Industries,
Inc., Machining Division, Erie, Pennsylvania, including on-site
leased workers from Adecco Technical, Advanced Placement, All
Seasons Placement, Career Concepts, Express Personnel Services,
Kelly Services, and Select Staffing, who were engaged in
employment related to machined metal engine components for
heavy trucks 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 Modern Industries, Inc., Machining
Division, Erie, Pennsylvania, including on-site leased
workers from Adecco Technical, Advanced Placement, All
Seasons Placement, Career Concepts, Express Personnel
Services, Kelly Services, and Select Staffing, who became
totally or partially separated from employment on or after
June 26, 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 4th day of December, 2009


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance