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TAW-72500  /  Hardinge, Inc. (Elmira, NY)

Petitioner Type: Workers
Impact Date: 09/29/2008
Filed Date: 10/06/2009
Most Recent Update: 11/05/2009
Determination Date: 11/05/2009
Expiration Date: 11/05/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,500

HARDINGE, INC.
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER AND EMPLOYMENT SOLUTIONS
ELMIRA, NEW YORK

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 November 5, 2009, applicable to workers
of Hardinge, Inc., including on-site leased workers from
Manpower, Elmira, New York. The notice will be published in the
Federal Register soon.
At the request of the State Agency and company official,
the Department reviewed the certification for workers of the
subject firm. The workers are engaged in activities related to
the production machine tools and accessory products.
The company reports that on-site leased workers from
Employment Solutions were employed on-site at the Elmira, New
York location of Hardinge, Inc. 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 Employment
Solutions, working on-site at the Elmira, New York location of
Hardinge, Inc.
The amended notice applicable to TA-W-72,500 is hereby
issued as follows:
“All workers of Hardinge, Inc., Elmira, New York
including on-site leased workers from Manpower and
Employment Solutions, who became totally or partially
separated from employment on or after September 29, 2008,
through November 5, 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 4th day of February, 2010

/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,500

HARDINGE, INC.
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
ELMIRA, 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 October 6, 2009 by three workers on behalf of workers
of Hardinge, Inc., Elmira, New York. The workers are engaged in
the production of machine tools and accessory products. The
worker group includes on-site leased workers of Manpower.
The investigation revealed that workers of Hardinge, Inc.,
Elmira, New York, who are engaged in employment related to the
production of machine tools and accessory products, meet the
criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated at the Elmira location
during the relevant period.
Criterion II has been met because the workers’ firm si
shifting a substantial portion of production to a foreign
country of articles like or directly competitive with the
articles produced by the workers’ firm at Elmira.
Criterion III has been met because the shift in
production to Taiwan and Switzerland by Hardinge, Inc.
contributed importantly to worker separations at the Elmira,
New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hardinge, Inc.,
Elmira, New York, including on-site leased workers from
Manpower, 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 Hardinge, Inc., Elmira, New York including
on-site leased workers from Manpower, who became totally
or partially separated from employment on or after
September 29, 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 5th day of November, 2009

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





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