DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,699

EMCOR FACILITY SERVICES
WORKING ON-SITE AT DELL PRODUCTS, LP
WINSTON-SALEM, NORTH CAROLINA

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 28, 2009 on behalf of workers of
Emcor Facility Services, working on-site at Dell
Products, LP, Winston-Salem, North Carolina. The workers
are engaged in activities related to the supply of
maintenance services for the production of desktop
computers.
The investigation revealed that workers of Emcor
Facility Services meet the criteria as a Supplier for
secondary worker certification.
Criterion I has been met because a significant
proportion of the workers have been separated or
threatened with separation.
Criterion II has been met because workers of Emcor
Facility Services supplied services to a firm that
employed a worker group who is covered by an active
certification and the services were used in the
production of the article that was the basis for the
firm's certification.
Criterion III has been met because the loss of
business with the TAA-certified firm contributed
importantly to the worker separations at Emcor Facility
Services.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emcor Facility
Services, working on-site at Dell Products, LP, Winston-
Salem, North Carolina, who are engaged in activities
related to the supply of maintenance services meet the
worker group certification criteria under Section 222(c) of
the Act, 19 U.S.C. § 2272(c). In accordance with Section
223 of the Act, 19 U.S.C. § 2273, I make the following
certification:



"All workers of Emcor Facility Services, working on-
site at Dell Products, LP, Winston-Salem, North
Carolina, who became totally or partially separated
from employment on or after October 27, 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 5th day of May, 2010


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