Certified
« back to search results

TAW-71949  /  Oberg Industries, Inc. (Freeport, PA)

Petitioner Type: Workers
Impact Date: 08/06/2008
Filed Date: 08/07/2009
Most Recent Update: 12/02/2009
Determination Date: 12/02/2009
Expiration Date: 12/02/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,949

OBERG INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO EMPLOYMENT
SERVICES, SPECIALIZED STAFFING, INC., AND
VENTURE STAFFING PARTNERS
FREEPORT, 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:
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 August 7, 2009, by three workers on behalf of workers
of Oberg Industries, Inc., including on-site leased workers of
Adecco Employment Services, Specialized Staffing. Inc., and
Venture Staffing Partners, Freeport, Pennsylvania (Oberg
Industries). The workers produce precision tools, dies, and
parts, and are not separately identifiable by product line.
The investigation revealed that workers of Oberg
Industries, who are engaged in employment related to the
production of precision tools, dies, and parts, meet the
criteria for certification.
Criterion I has been met because a significant proportion
or number of workers have been separated at Oberg Industries
during the relevant period.
Criterion II has been met because Oberg Industries has
acquired from a foreign country articles like or directly
competitive with the precision tools, dies, and parts produced
by the workers.
Criterion III has been met because the acquisition of
precision tools, dies, and parts from Costa Rica by Oberg
Industries contributed importantly to worker group separations
at Oberg Industries.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oberg Industries,
Inc., Freeport, Pennsylvania, who are engaged in employment
related to the production of precision tools, dies, and parts,
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 Oberg Industries, Inc., including on-site
leased workers of Adecco Employment Services, Specialized
Staffing, Inc., and Venture Staffing Partners, Freeport,
Pennsylvania who became totally or partially separated from
employment on or after August 6, 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 2nd day of December, 2009

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