DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,048

FLSMIDTH, INC.
CEMENT DIVISION
PRODUCT ENGINEERING
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK CONTRACT ENGINEERING,
ALLIED PERSONNEL SERVICES, EASTERN ENGINEERING, HOBBIE
PROFESSIONAL SERVICES, MCCALLION STAFFING SPECIALISTS, PEAK
TECHNICAL SERVICES, INC., YOH ENGINEERING, AND
CLARKE CONSULTING, INC.
BETHLEHEM, PENNSYLVANIA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on November 3, 2009, applicable to workers of
FLSmidth, Inc., Cement Division, Product Engineering, including
on-site leased workers of Aerotek Contract Engineering, Allied
Personnel Services, Eastern Engineering, Hobbie Professional
Services, McCallion Staffing Specialists, Peak Technical
Services, Inc., and Yoh Engineering, Bethlehem, Pennsylvania.
The notice will be published soon in the Federal Register.
At the request of the petitioner, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in employment related to the supply of product
engineering services.
The company reports that on-site leased workers from Clarke
Consulting, Inc. were also employed on-site at FLSmidth, Inc.,
Cement Division, Product Engineering, Bethlehem, Pennsylvania.
The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Clarke Consulting,
Inc. working on-site at FLSmidth, Inc., Cement Division, Product
Engineering, Bethlehem, Pennsylvania.
The amended notice applicable to TA-W-72, 048 is hereby
issued as follows:


"All workers of FLSmidth, Inc., Cement Division,
Product Engineering, including on-site leased workers
of Aerotek Contract Engineering, Allied Personnel
Services, Eastern Engineering, Hobbie Professional
Services, McCallion Staffing Specialists, Peak
Technical Services, Inc., Yoh Engineering, and Clarke
Consulting, Inc., Bethlehem, Pennsylvania, who became
totally or partially separated from employment on or
after August 14, 2008, through November 3, 2011, 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 at Washington, D.C., this 27th day of December 2009

/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,048

FLSMIDTH, INC.
CEMENT DIVISION
PRODUCT ENGINEERING
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK CONTRACT
ENGINEERING, ALLIED PERSONNEL SERVICES, EASTERN ENGINEERING,
HOBBIE PROFESSIONAL SERVICES, MCCALLION STAFFING SPECIALISTS,
PEAK TECHNICAL SERVICES, INC., AND YOH ENGINEERING
BETHLEHEM, 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 17, 2009 by three workers on behalf of workers
of FLSmidth, Inc., Cement Division, Product Engineering,
Bethlehem, Pennsylvania. The workers are engaged in product
engineering and design services. The worker group includes on-
site leased workers of Aerotek Contract Engineering, Allied
Personnel Services, Eastern Engineering, Hobbie Professional
Services, McCallion Staffing Specialists, Peak Technical
Services, Inc., and Yoh Engineering.
The investigation revealed that workers of FLSmidth, Inc.,
Cement Division, Product Engineering, Bethlehem, Pennsylvania,
who are engaged in employment related to the supply of product
engineering services, meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated during the relevant period.
Criterion II has been satisfied because the workers’ firm
has acquired from India services like or directly competitive
with the product engineering services supplied by the workers’
firm.
Criterion III has been met because the acquisition of
product engineering services by FLSmidth, Inc. from India
contributed importantly to worker separations at FLSmidth, Inc.,
Cement Division, Product Engineering, Bethlehem, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FLSmidth, Inc., Cement
Division, Product Engineering, Bethlehem, Pennsylvania including
on-site leased workers of Aerotek Contract Engineering, Allied
Personnel Services, Eastern Engineering, Hobbie Professional
Services, McCallion Staffing Specialists, Peak Technical
Services, Inc., and Yoh Engineering, 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 FLSmidth, Inc., Cement Division, Product
Engineering, Bethlehem, Pennsylvania, including on-site
leased workers of Aerotek Contract Engineering, Allied
Personnel Services, Eastern Engineering, Hobbie Professional
Services, McCallion Staffing Specialists, Peak Technical
Services, Inc., and Yoh Engineering who became totally or
partially separated from employment on or after August 14,
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., 3rd day of November, 2009


/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





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