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TAW-72913  /  McNulty Hicken Smith, Inc. (Rochester Hills, MI)

Petitioner Type: State
Impact Date: 10/26/2008
Filed Date: 11/20/2009
Most Recent Update: 05/21/2010
Determination Date: 05/21/2010
Expiration Date: 05/21/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,913

MCNULTY HICKEN SMITH, INC.
DBA MHSI, INC.
DBA MATERIAL HANDLING SYSTEMS, INC.
ROCHESTER HILLS, 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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on November 20, 2009 by a state workforce official on
behalf of workers of McNulty Hicken Smith, Inc., DBA MHSI,
Inc., DBA Material Handling Systems, Inc., Rochester Hills,
Michigan. The workers are engaged in activities related to the
supply of engineering and design services.
The investigation revealed that workers of McNulty Hicken
Smith who are engaged in activities related to the supply of
engineering and design services meet the criteria as Suppliers
for secondary worker certification.
Criterion I has been met because a significant proportion
of the workers were separated or are threatened with
separations during the relevant period.
Criterion II has been met because workers of McNulty
Hicken Smith supplied a service directly to a firm with a
currently certified worker group, and the service supplied was
related to the article that was the basis for the TAA
certification.
Criterion III has been met because the loss of business
with the firm with the TAA-certified worker group, with
respect to engineering and design services, contributed
importantly to worker separations at McNulty Hicken Smith.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of McNulty Hicken Smith,
Inc., DBA MHSI, Inc., DBA Material Handling Systems, Inc.,
Rochester Hills, Michigan, who are engaged in activities related
to the supply of engineering and design services meet the worker
group certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:


"All workers of McNulty Hicken Smith, Inc., DBA MHSI,
Inc., DBA Material Handling Systems, Inc., Rochester
Hills, Michigan, who became totally or partially separated
from employment on or after October 26, 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 21st day of May, 2010


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