Certified
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TAW-72595  /  Boyd Corporation (Portland, OR)

Petitioner Type: State
Impact Date: 10/13/2008
Filed Date: 10/15/2009
Most Recent Update: 12/10/2009
Determination Date: 12/10/2009
Expiration Date: 12/10/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,595

BOYD CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT TRENDS AND STAFFMARK
PORTLAND DIVISION
PORTLAND, OREGON

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 15, 2009 by a state workforce office on behalf
of workers of Boyd Corporation, Portland Division, Portland,
Oregon. The workers are engaged in the production of
environmental seals, gaskets, electromagnetic interference
(EMI) shielding, thermal insulation and shock absorption
material. The worker group includes on-site leased workers
from Employment Trends and Staffmark.
The investigation revealed that workers of Boyd
Corporation, who are engaged in employment related to the
production of environmental seals, gaskets, electromagnetic
interference (EMI) shielding, thermal insulation and shock
absorption material, meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers' firm.
Criterion III has been met because the shift in
production by Boyd Corporation to China contributed
importantly to worker group separations at the Portland,
Oregon facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Boyd Corporation,
Portland Division, Portland, Oregon, 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 Boyd Corporation, Portland Division,
including on-site leased workers from Employment Trends
and Staffmark, Portland, Oregon, who became totally or
partially separated from employment on or after October 13,
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 10th of December, 2009

/s/Michael W. Jaffe
_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance