Certified
« back to search results

TAW-73112  /  Sundance Spas, Inc. (Chino, CA)

Petitioner Type: Unknown
Impact Date: 12/15/2008
Filed Date: 12/16/2009
Most Recent Update: 05/11/2010
Determination Date: 05/11/2010
Expiration Date: 05/11/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,112

SUNDANCE SPAS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PERSONNEL PLUS
CHINO, 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 December 16, 2009 by a state workforce representative
on behalf of workers of Sundance Spas, Inc., Chino, California.
The workers produce spas and hot tubs. The worker group
includes on-site leased workers from Personnel Plus.
The investigation revealed that workers of Sundance Spas,
Inc., who are engaged in employment related to production of
spas and hot tubs, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in
production contributed importantly to worker group separations
at Sundance Spas, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sundance Spas, Inc.,
Chino, California, who are engaged in employment related to
spas, 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 Sundance Spas, Inc., including on-site
leased workers from Personnel Plus, Chino, California, who
became totally or partially separated from employment on or
after December 15, 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 11th day of May, 2010


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