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TAW-72483  /  Maysteel, LLC (Menomonee Falls, WI)

Petitioner Type: Company
Impact Date: 09/21/2008
Filed Date: 10/02/2009
Most Recent Update: 03/12/2010
Determination Date: 03/12/2010
Expiration Date: 03/12/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,483

MAYSTEEL, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
STAFF ONE, BADGER TECH, BOYD HUNTER, SEEK, QPS,
AND SERVICE FIRST
MENOMONEE FALLS, WISCONSIN

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 March 12, 2010, applicable to workers
of Maysteel, LLC, including on-site leased workers from Staff
One, Badger Tech, Boyd Hunter, Seek, and QPS, Menomonee Falls,
Wisconsin. The notice will soon be published 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 activities related to the production of metal
enclosures.
The company reports that workers leased from Service First
were employed on-site at the Menomonee Falls, Wisconsin location
of Maysteel, LLC. 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 Service First
working on-site at the Menomonee Falls, Wisconsin location of
Maysteel, LLC.
The amended notice applicable to TA-W-72,483 is hereby
issued as follows:
“All workers of Maysteel, LLC, including on-site leased
workers from Staff One, Badger Tech, Boyd Hunter, Seek,
QPS, and Service First, Menomonee Falls, Wisconsin, who
became totally or partially separated from employment on or
after September 21, 2008, through March 12, 2012, 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 13th day of April, 2010


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,483

MAYSTEEL, LLC
INCLUDING ON-SITE LEASED WORKERS FROM STAFF ONE, BADGER TECH,
BOYD HUNTER, SEEK, AND QPS
MENOMONEE FALLS, WISCONSIN

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:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on December 30, 2009 by a company official on behalf of
workers of Maysteel, LLC, Menomonee Falls, Wisconsin. The
workers are engaged in activities related to the production of
metal enclosures. The worker group includes on-site leased
workers from Staff One, Badger Tech, Boyd Hunter, Seek, and QPS.
The investigation revealed that workers of Maysteel, LLC
who are engaged in activities related to the production of metal
enclosures meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number of the workers have been separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales of
metal enclosures produced by Maysteel, LLC have decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the metal
enclosures produced by Maysteel, LLC have increased.
Specifically, the Department of Labor surveyed Maysteel, LLC’s
major declining customers regarding purchases of metal
enclosures in 2007, 2008, and January through September 2009.
The survey revealed an increased reliance on imports of metal
enclosures during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased reliance on imports of metal enclosures by a
customer of Maysteel, LLC contributed importantly to the
worker group separations and sales declines at Maysteel, LLC.




















Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Maysteel, LLC,
Menomonee Falls, Wisconsin, who are engaged in activities
related to the production of metal enclosures 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 Maysteel, LLC, Menomonee Falls, Wisconsin,
who became totally or partially separated from employment
on or after September 21, 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 12th day of March, 2010

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





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