DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,790

AGNI-GENCELL, INC.
A SUBSIDIARY OF AGNI, INC.
INCLUDING ON-SITE LEASED WORKERS FROM MONROE STAFFING
SOUTHBURY, CONNECTICUT

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 9, 2009 by a State workforce official on
behalf of workers of Agni-GenCell, Inc., a subsidiary of Agni,
Inc., Southbury, Connecticut (Agni-GenCell, Inc.). The workers
are engaged in activities related to the production of fuel
cells. The workers are not separately identifiable by product.
The worker group includes on-site leased workers from Monroe
Staffing.
The investigation revealed that workers of Agni-GenCell,
Inc., a subsidiary of Agni, Inc., including on-site leased
workers from Monroe Staffing, Southbury, Connecticut, who are
engaged in employment related to the production of fuel cells
meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in a portion of the production of fuel cells by Agni-
GenCell, Inc., to Malaysia and Portugal.
Criterion III has been met because the shift in a portion
of the production of fuel cells by Agni-GenCell, Inc., to
Malaysia and Portugal contributed importantly to worker group
separations at Agni-GenCell, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Agni-GenCell, Inc., a
subsidiary of Agni, Inc., including on-site leased workers from
Monroe Staffing, Southbury, Connecticut, who are engaged in
employment related to the production of fuel cells 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 Agni-GenCell, Inc., a subsidiary of Agni,
Inc., including on-site leased workers from Monroe
Staffing, Southbury, Connecticut, 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 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 10th day of March, 2010


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