DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,679

ACU-RITE COMPANIES, INC.
JAMESTOWN, 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. 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 15, 2009 by three workers on behalf of the workers
of Acu-Rite Companies, Inc., Jamestown, New York (Acu-Rite
Companies). The workers are engaged in employment related to
the production of linear encoders and administrative functions
(which include purchasing buyers, accountants, management
information systems workers, and engineers). Another article
produced by the subject firm is electronic boxes/readouts.
Workers engaged in employment related to the production of
electronic boxes/readouts are not a part of this petition. That
worker group is separately identifiable from the workers engaged
in the production of linear encoders. The workers engaged in
administrative functions support the production of linear
encoders at the subject plant.
The investigation revealed that workers of Acu-Rite
Companies who are engaged in activities related to the
production of linear encoders and administrative functions
meet the criteria for certification.
Criterion I has been met because more than five percent
of the workers engaged in the production of linear encoders at
Acu-Rite Companies have been separated during the relevant
period.
Criterion II has been met because the workers' firm has
shifted to a foreign country (Germany) the production of an
article like or directly competitive with the linear encoders
produced by the workers.
Criterion III has been met because the shift in
production of linear encoders to Germany contributed
importantly to worker group separations at Acu-Rite Companies.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Acu-Rite Companies,
Inc., Jamestown, New York, who are engaged in activities related
to the production of linear encoders and administrative
functions, 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 Acu-Rite Companies, Inc., Jamestown, New
York, engaged in employment related to the production of
linear encoders and administrative functions, who became
totally or partially separated from employment on or after
July 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 22nd day of September, 2009.

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