Certified
« back to search results

TAW-72700  /  The H. B. Smith Company, Inc. (Westfield, MA)

Petitioner Type: Company
Impact Date: 10/27/2008
Filed Date: 10/28/2009
Most Recent Update: 07/21/2010
Determination Date: 07/21/2010
Expiration Date: 07/21/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,700

THE H.B. SMITH COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ACCOUNT TEMPS
WESTFIELD, MASSACHUSETTS

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 28, 2009 by a company official on behalf of
workers of The H.B. Smith Company, Inc., including on-site
leased workers from Account Temps, Westfield, Massachusetts.
The workers were engaged in work related to production of cast-
iron heating boilers.
The investigation revealed that workers of The H.B. Smith
Company who are engaged in employment related to the production
of cast-iron heating boilers meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number of workers have been separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of cast-iron heating boilers by The H.B. Smith
Company have decreased absolutely during the relevant time
period.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
cast-iron heating boilers produced by The H.B. Smith Company
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased customer imports contributed importantly to the
worker group separations and sales/production declines at The
H.B. Smith Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The H.B. Smith
Company, Inc., including on-site leased workers from Account
Temps, Westfield, Massachusetts, who are engaged in employment
related to production of cast-iron heating boilers 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 The H.B. Smith Company, Inc., including
on-site leased workers from Account Temps, Westfield,
Massachusetts, 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 21st day of July, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance