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TAW-71902A  /  Defiance Metal Products of Texas (Tyler, TX)

Petitioner Type: Company
Impact Date: 07/23/2008
Filed Date: 08/03/2009
Most Recent Update: 01/22/2010
Determination Date: 01/22/2010
Expiration Date: 01/22/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,902

DEFIANCE METAL PRODUCTS OF TEXAS
A SUBSIDIARY OF DEFIANCE METAL PRODUCTS
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK INC, ADECCO,
LINKSTAFF, EXPRESS PERSONNEL
GRAND PRAIRIE, TEXAS

TA-W-71,902A

DEFIANCE METAL PRODUCTS OF TEXAS
A SUBSIDIARY OF DEFIANCE METAL PRODUCTS
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK INC, ADECCO,
LINKSTAFF, EXPRESS PERSONNEL
TYLER, TEXAS

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on August 3, 2009, on behalf of workers of Defiance Metal
Products of Texas, a subsidiary of Defiance Metal Products,
Grand Prairie, Texas (71,902) and Tyler, Texas (71,902A). The
worker group includes on-site leased workers from Aerotek Inc.,
Adecco, Linkstaff and Express Personnel. The workers of
Defiance Metal Products are involved in metal stamping,
fabrication, assembly, warehousing and distribution related to
the Heating, Ventilating, and Air Conditioning (HVAC) industry.
The investigation revealed that workers of Defiance Metal
Products of Texas who are engaged in employment related to
metal stamping, fabrication, assembly, warehousing and
distribution meet the criteria as Suppliers for secondary
worker certification.
Criterion I has been met because a significant number of
workers were separated during the relevant period.
Criterion II has been met because workers of Defiance
Metal Products of Texas produced and sold to a firm that
employed a worker group that is covered by an active
certification to be incorporated into residential and light
commercial HVAC products.
Criterion III has been met because the component parts
supplied by Defiance Metal Products of Texas with the TAA-
certified firm accounted for at least 20 percent of the
production and sales of the workers' firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Defiance Metal
Products of Texas, a subsidiary of Defiance Metal Products,
including on-site leased workers from Aerotek Inc., Adecco,
Linkstaff and Express Personnel, Grand Prairie, Texas (71,902)
and Tyler, Texas (71,902A), involved in metal stamping,
fabrication, assembly, warehousing and distribution, 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 Defiance Metal Products of Texas, a
subsidiary of Defiance Metal Products, including on-site
leased workers from Aerotek Inc., Adecco, Linkstaff and
Express Personnel, Grand Prairie, Texas (71,902) and Tyler,
Texas (71,902A), who became totally or partially separated
from employment on or after July 23, 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 22nd day of January, 2010

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