DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,777

CATEPILLAR INC.
BUILDING CONSTRUCTION DIVISION
BACKHOE LOADERS
CLAYTON, 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(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 November 5, 2009 by a company official on behalf of
workers of Caterpillar Inc., Building Construction Division,
Backhoe Loaders, Clayton, North Carolina. The workers are
engaged in activities related to the production of backhoe
loaders.
The investigation revealed that workers of Caterpillar who
are engaged in activities related to production of backhoe
loaders meet the criteria for certification.
Criterion I has been met because a significant number of
the workers in the workers' firm have become totally or
partially separated during the relevant period.
Criterion II has been satisfied because there has been a
shift by the workers' firm to a foreign country in the
production of articles like or directly competitive with the
backhoe loaders produced by the workers' firm.
Criterion III has been met because the shift in
production of backhoe loaders to the United Kingdom by
Caterpillar contributed importantly to worker group
separations at the Clayton, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Caterpillar Inc.,
Building Construction Division, Backhoe Loaders, Clayton,
North Carolina, who are engaged in activities related to the
production of backhoe loaders, 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 Caterpillar Inc., Building Construction
Division, Backhoe Loaders, Clayton, North Carolina, who
became totally or partially separated from employment on or
after November 3, 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 30th day of December, 2009

/S/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance