DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,368

MICALE CONSTRUCTION SERVICES, INC.
KERSEY, 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(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 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 September 22, 2009 by a company official on behalf of
the workers of Micale Construction Services, Inc., Kersey,
Pennsylvania (Micale Construction Services). Workers at the
subject firm are engaged in activities related to industrial
manufacturing construction and heavy machinery moving services
used in the production of powder metal parts. The workers are
not separately identifiable by function.
The investigation revealed that workers of Micale
Construction Services, Inc., Kersey, Pennsylvania who are
engaged in activities related to industrial manufacturing
construction and heavy machinery moving services meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been met because workers of Micale
Construction Services supplied and sold heavy machinery moving
services to a firm that employed a worker group who are covered
by an active certification and that the heavy machinery moving
services were related to the production of powder metal parts.
Criterion III has been met because the loss of business
by Micale Construction Services with the TAA-certified firm,
with respect to heavy machinery moving services sold to the
TAA-certified firm, contributed importantly to worker
separations at Micale Construction Services.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Micale Construction
Services, Inc., Kersey, Pennsylvania who are engaged in
industrial manufacturing construction and heavy machinery moving
services 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 Micale Construction Services, Inc.,
Kersey, Pennsylvania, who became totally or partially
separated from employment on or after September 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 19th day of March 2010



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