Certified
« back to search results

TAW-72511  /  Durbin Industrial Valve, Inc. (Akron, OH)

Petitioner Type: Workers
Impact Date: 09/21/2008
Filed Date: 10/07/2009
Most Recent Update: 10/30/2009
Determination Date: 10/30/2009
Expiration Date: 10/30/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,511

DURBIN INDUSTRIAL VALVE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM CPR STAFFING, INC.
AKRON, 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. (Set forth in 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 7, 2009 on behalf of the workers of Durbin
Industrial Valve, Inc., Akron, Ohio (Durbin Industrial Valve,
Inc.). The workers are engaged in activities related to the
production of high and low pressure steam and hydraulic valves
(control valves, check valves, on/off operational valves) and
components and parts for the above valves. The workers are not
separately identifiable by product. The worker group includes
on-site leased workers from CPR Staffing, Inc.
The investigation revealed that workers of Durbin
Industrial Valve, Inc., including on-site leased workers from
CPR Staffing, Inc., Akron, Ohio, who are engaged in activities
related to the production of high and low pressure steam and
hydraulic valves and components and parts for the above valves
meet the criteria for 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 satisfied because there has been a
shift in a portion of the production of high and low pressure
steam and hydraulic valves and components and parts for the
above valves by Durbin Industrial Valve, Inc. to China.
Criterion III has been met because the shift in a portion
of the production of high and low pressure steam and hydraulic
valves and components and parts for the above valves by Durbin
Industrial Valve, Inc. to China contributed importantly to
worker group separations at Durbin Industrial Valve, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Durbin Industrial
Valve, Inc., including on-site leased workers from CPR
Staffing, Inc., Akron, Ohio, who are engaged in activities
related to the production of high and low pressure steam and
hydraulic valves and components and parts for the above valves,
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 Durbin Industrial Valve, Inc., including
on-site leased workers from CPR Staffing, Inc., Akron,
Ohio, 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 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 30th day of October, 2009


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance