DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,531

RILEY POWER, INC.
A SUBSIDIARY OF VOGT-NEM, INC. AND BABCOCK POWER, INC.
ERIE, PENNSYLVANIA

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 October 8, 2009 by the International Brotherhood of
Boilermakers on behalf of workers of Riley Power, Inc., a
subsidiary of Vogt-NEM, Inc. and Babcock Power, Inc., Erie,
Pennsylvania (Riley Power). The workers produced heat transfer
fabrication systems, equipment, and component parts, including
economizers, heaters, re-heaters, elements, and burners.
Workers are not separately identifiable by product line.
The investigation revealed that workers of Riley Power,
Erie, Pennsylvania, who are engaged in employment related to the
production of heat transfer fabrication systems, equipment,
and component parts, meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number of workers at Riley Power have been totally or
partially separated or threatened with such separation.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production by Riley Power decreased absolutely during
the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with those produced by
Riley Power have increased during the relevant period.
Specifically, a major declining customer began importing like
and directly competitive articles while aggregate U.S. imports
of like and directly competitive articles increased during the
same period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of articles like or directly competitive
with those produced by Riley Power contributed importantly to
the worker separations and sales/production declines at the
Erie, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Riley Power, Inc.,
Erie, Pennsylvania, who are engaged in employment related to the
production of heat transfer fabrication systems, equipment,
and component parts, 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 Riley Power, Inc., a subsidiary of Vogt-
NEM, Inc. and Babcock Power, Inc., Erie, Pennsylvania, who
became totally or partially separated from employment on or
after October 2, 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 1st day of September, 2010

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance