Certified
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TAW-71753  /  The Durham Manufacturing Company (Springfield, MA)

Petitioner Type: Company
Impact Date: 07/17/2008
Filed Date: 07/21/2009
Most Recent Update: 09/03/2009
Determination Date: 09/03/2009
Expiration Date: 09/03/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,753

THE DURHAM MANUFACTURING COMPANY
SPRINGFIELD, MASSACHUSETTS

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 21, 2009 by a company official on behalf of the
workers of The Durham Manufacturing Company, Springfield,
Massachusetts. The workers are engaged in employment related to
the production of metal cabinets and carts.
The investigation revealed that workers of Durham
Manufacturing Company who are engaged in employment related to
the production of metal cabinets and carts meet the criteria
for certification.
Criterion I has been met because all of the workers are
threatened with separation during the remainder of the year.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the metal cabinets and carts
produced by the workers.
Criterion III has been met because the shift in
production of metal cabinets and carts to Mexico by The Durham
Manufacturing Company has contributed importantly to the
threatened separations at the Springfield, Massachusetts
facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Durham
Manufacturing Company, Springfield, Massachusetts, who are
engaged in employment related to the production of metal
cabinets and carts, 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 The Durham Manufacturing Company,
Springfield, Massachusetts, who became totally or partially
separated from employment on or after July 17, 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 3rd day of September, 2009.


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