Certified
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TAW-72864  /  Cummins Business Services (Nashville, TN)

Petitioner Type: Company
Impact Date: 11/16/2008
Filed Date: 11/17/2009
Most Recent Update: 02/24/2010
Determination Date: 02/24/2010
Expiration Date: 02/24/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,864

CUMMINS BUSINESS SERVICES
INCLUDING ON-SITE LEASED WORKERS
FROM MANPOWER
NASHVILLE, TENNESSEE

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 17, 2009, by a company official on behalf of
workers of Cummins Business Services, Nashville, Tennessee.
The workers provide financial and accounting services. The
worker group includes on-site leased workers from Manpower.
The investigation revealed that workers of Cummins Business
Services who are engaged in employment related to financial
and accounting services meet the criteria for certification.
Criterion I has been met because employment at the
subject facility declined by at least five percent during the
period under investigation.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country services like or directly
competitive with the service supplied by the workers.
Criterion III has been met because the acquisition of
financial and accounting services from India by Cummins
Business Services contributed importantly to worker group
separations at the Nashville, Tennessee facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cummins Business
Services, Nashville, Tennessee, who are engaged in employment
related to financial and accounting services 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 Cummins Business Services, including on-
site leased workers from Manpower, Nashville, Tennessee,
who became totally or partially separated from employment
on or after November 16, 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 24th day of February, 2010

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