DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,773

CLARK ENGINEERING CO., INC.
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND QUALIFIED STAFFING
OWOSSO, MICHIGAN

Amended 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
issued a Certification of Eligibility to apply for Worker
Adjustment Assistance on January 7, 2010, applicable to workers
of Clark Engineering Co., Inc., including on-site leased
workers of Kelly Services, Owosso, Michigan. The notice was
published in the Federal Register February 16, 2010 (75 FR
7036).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of metal
parts.
The company reports that workers leased from Qualified
Staffing were employed on-site at the Owosso, Michigan location
of Clark Engineering Co., Inc. The Department has determined
that these workers were sufficiently under the control of the
subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Qualified Staffing
working on-site at the Owosso, Michigan location of Clark
Engineering Co., Inc.
The amended notice applicable to TA-W-72,773 is hereby
issued as follows:
“All workers of Clark Engineering Co., Inc., including on-
site leased workers of Kelly Services and Qualified
Staffing, Owosso, Michigan, who became totally or partially
separated from employment on or after October 14, 2008,
through January 7, 2012, 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 3rd day of May, 2010


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,773

CLARK ENGINEERING CO., INC.
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES
OWOSSO, MICHIGAN

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 November 5, 2009 by a state workforce office on behalf
of workers of Clark Engineering Co., Inc., including on-site
leased workers of Kelly Services, Owosso, Michigan. Workers
are not separately identifiable by product line.
The investigation revealed that workers at the subject
firm, who are engaged in the production of metal parts, meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of workers have become separated from employment
during the period under investigation.
Section 222(a)(2)(A)(i) has been met because the sales
and production of the subject firm decreased during the period
under investigation.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with metal
parts produced by the subject firm have increased during the
relevant period.
The Department of Labor surveyed the subject firm’s major
declining customer regarding their purchases of metal parts in
2007, 2008, and January through October, 2008/2009. The survey
revealed customers increased their reliance on imports of
articles like or directly competitive with metal parts
produced by the subject firm.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of metal parts by the customer
contributed importantly to the worker group separations and
sales/production declines at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Clark Engineering
Co., Inc., including on-site leased workers of Kelly Services,
Owosso, Michigan 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 Clark Engineering Co., Inc., including on-
site leased workers of Kelly Services, Owosso, Michigan,
who became totally or partially separated from employment
on or after October 14, 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 7th of January, 2010


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




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