Certified
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TAW-72403  /  Faradyne Motors, LLC (Newark, NY)

Petitioner Type: Company
Impact Date: 06/21/2009
Filed Date: 09/25/2009
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-72,403

FARADYNE MOTORS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND REMEDY STAFF
NEWARK, NEW YORK

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 25, 2009 by a company official on behalf of
workers of Faradyne Motors, LLC (Faradyne Motors). The workers
are engaged in activities related to the production of motors
for pumps. The worker group includes on-site leased workers from
Kelly Services and Remedy Staff.
The worker group was under an existing Trade Adjustment
Assistance certification (TA-W-61,671) that expired on June 20,
2009.
The investigation revealed that workers of Faradyne Motors,
who are engaged in employment related to the production of
motors for pumps, meet the criteria for certification.
Criterion I has been met because a substantial proportion
of the workers were separated during the relevant time period
and further separations are anticipated.
Criterion II has been satisfied because the workers' firm
shifted to a foreign country production the of an article like
or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in
production of motors for pumps to China by the subject firm
contributed importantly to worker group separations at
Faradyne Motors, LLC, Newark, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Faradyne Motors, LLC,
Newark, New York, including on-site leased workers from Kelly
Services and Remedy Staff, who are engaged in employment related
to production of motors for pumps, 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 Faradyne Motors, LLC, Newark, New York,
including on-site leased workers from Kelly Services and
Remedy Staff, who are engaged in employment related to
production of pumps for motors, who became totally or
partially separated from employment on or after June 21,
2009 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 2nd day of December, 2009

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