DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,314

AIR SYSTEM COMPONENTS
INCLUDING ON-SITE LEASED WORKERS FROM
DMDICKASON PERSONNEL
EL PASO, TEXAS

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 October 23, 2009, applicable to workers
of Air System Components, including on-site leased workers from
DmDickason Personnel, El Paso, Texas. The notice will be
published soon in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of ventilation fans.
The review shows that on May 31, 2007, a certification of
eligibility to apply for adjustment assistance was issued for
all workers of Air System Components, Inc., El Paso Division,
El Paso, Texas, separated from employment on or after April 20,
2006 through May 31, 2009. The notice was published in the
Federal Register on June 14, 2007 (72 FR 32917).
In order to avoid an overlap in worker group coverage, the
Department is amending the September 8, 2008 impact date
established for TA-W-72,314, to read June 1, 2009.
The amended notice applicable to TA-W-72,314 is hereby
issued as follows:
“All workers of Air System Components, including on-site
leased workers from DmDickason Personnel, El Paso, Texas,
who became totally or partially separated from employment
on or after June 1, 2009, through October 23, 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 in Washington, D.C., this 20th day of November, 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-72,314

AIR SYSTEM COMPONENTS
INCLUDING ON-SITE LEASED WORKERS OF DMDICKASON PERSONNEL
EL PASO, 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(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 September 15, 2009 by three workers on behalf of
workers of Air System Components, El Paso, Texas. The workers
were engaged in the production of ventilation fans. The worker
group includes on-site leased workers from DmDickason
Personnel.
The investigation revealed that workers of Air System
Components, El Paso, Texas, who are engaged in employment
related to the production of ventilation fans, 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 shifted abroad the production of articles like or directly
competitive with the articles produced by the workers’ firm.
Criterion III has been met because the shift in
production by Air System Components to Mexico contributed
importantly to worker group separations at the El Paso, Texas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Air System
Components, El Paso, Texas, including on-site leased workers
from DmDickason Personnel, 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 Air System Components, including on-site
leased workers from DmDickason Personnel, El Paso, Texas,
who became totally or partially separated from employment
on or after September 8, 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 23rd of October, 2009

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





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