DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,866

NOVA CONTROLS
A SUBSIDIARY OF HYDRO CONTROLS
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER AND KELLY
SERVICES
WATSONVILLE, CALIFORNIA

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 on behalf of workers of Nova
Controls, a subsidiary of Hydro Controls, Watsonville,
California. The workers produce electronic portioning
controllers and pump stands. The worker group includes on-site
leased workers of Manpower and Kelly Services.
The investigation revealed that workers of Nova Controls
who are engaged in employment related to the production of
electronic portioning controllers and pump stands meet the
criteria for certification.
Criterion I has been met because all employees are
threatened with separation during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production to China by Nova Controls contributed importantly
to worker group separations at the Watsonville, California
facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nova Controls, a
subsidiary of Hydro Controls, Watsonville, California who are
engaged in employment related to the production of electronic
portioning controllers and pump stands 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 Nova Controls, a subsidiary of Hydro
Controls, including on-site leased workers of Manpower and
Kelly Services, Watsonville, California, who became totally
or partially separated from employment on or after November
12, 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 10th day of December, 2009

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