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TAW-72667  /  Fastenal Company (Heath, OH)

Petitioner Type: Company
Impact Date: 10/23/2008
Filed Date: 10/26/2009
Most Recent Update: 03/02/2010
Determination Date: 03/02/2010
Expiration Date: 03/02/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,667

FASTENAL COMPANY
HEATH, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on October 26, 2009 by a company official on behalf of
workers of Fastenal Co., Heath, Ohio (Fastenal). The company
or subdivision is engaged in activities related to the
production of fasteners, inventory management and sales of
fasteners.
The investigation revealed that workers of Fastenal meet
the criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm or an appropriate
subdivision of the firm have become totally or partially
separated.
Criterion II has been met because workers of Fastenal
sold fasteners to a firm that employed a worker group who is
covered by an active certification to be incorporated into
commercial lighting equipment.
Criterion III has been met because the fasteners sold by
Fastenal for a firm that employed a worker group covered by an
active certification and accounted for at least 20 percent of
the production or sales of Fastenal.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fastenal Co., Heath,
Ohio, 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 Fastenal Co., Heath, Ohio, who became
totally or partially separated from employment on or after
October 23, 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 2nd day of March, 2010.

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