Certified
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TAW-72408  /  Capmark Capital, Inc. (Granville, OH)

Petitioner Type: State
Impact Date: 09/24/2008
Filed Date: 09/25/2009
Most Recent Update: 07/27/2010
Determination Date: 07/27/2010
Expiration Date: 07/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,408

CAPMARK CAPITAL, INC.
CAPMARK FINANCIAL GROUP, INC. DEBTOR IN POSSESSION
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION AND ACS COMMERCIAL SOLUTIONS
GRANVILLE, OHIO

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 One-Stop Operator on behalf of
workers of Capmark Capital, Inc., Capmark Financial Group Inc.
Debtor in Possession, Granville, Ohio. The workers were engaged
in employment related to commercial real estate services. The
worker group includes on-site leased workers from Spherion and
ACS Commercial Solutions.
The investigation revealed that workers of Capmark Capital,
Inc., who were engaged in employment related to commercial real
estate services, meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers have been separated.
Criterion II has been met because Capmark Capital, Inc.
has shifted to a foreign country the supply of services like
or directly competitive with the commercial real estate
services supplied by the workers.
Criterion III has been met because the shift of services
contributed importantly to worker group separations at Capmark
Capital, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Capmark Capital,
Inc., Capmark Financial Group Inc. Debtor in Possession,
including on-site leased workers from Spherion and ACS
Commercial Solutions, Granville, Ohio, who are engaged in
employment related to commercial real estate 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 Capmark Capital, Inc., Capmark Financial
Group Inc. Debtor in Possession, including on-site leased
workers from Spherion and ACS Commercial Solutions,
Granville, Ohio, who became totally or partially separated
from employment on or after September 24, 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 27th day of July, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance