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TAW-71629  /  Hub City (Aberdeen, SD)

Petitioner Type: Union
Impact Date: 07/01/2008
Filed Date: 07/10/2009
Most Recent Update: 09/09/2009
Determination Date: 09/09/2009
Expiration Date: 09/09/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,629


HUB CITY
MECHANICAL DIVISION
ABERDEEN, SOUTH DAKOTA

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 July 10, 2009 by a company official and union official
representing the International Association of Machinists and
Aerospace Workers on behalf of workers of Hub City, Aberdeen,
South Dakota. The workers are engaged in the production of
gearboxes and bearings.
The investigation revealed that workers of Hub City who are
engaged in employment related to production of gearboxes and
bearings meet the criteria for certification.
Criterion I has been met because more than five percent
of the workers at the subject firm were separated from
employment during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with articles produced by the workers.
Criterion III has been met because the acquisition of
gearbox components from China and India by Hub City
contributed importantly to worker group separations at the
Aberdeen, South Dakota facility.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hub City, Aberdeen,
South Dakota, who are engaged in employment related to the
production of gearbox components 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 Hub City, Aberdeen, South Dakota, who
became totally or partially separated from employment on or
after July 1, 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 9th day of September, 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance