Certified
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TAW-73120  /  SPX Corporation (Buffalo, NY)

Petitioner Type: Workers
Impact Date: 12/16/2008
Filed Date: 12/17/2009
Most Recent Update: 05/14/2010
Determination Date: 05/14/2010
Expiration Date: 05/14/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,120

SPX CORPORATION
FLOW TECHNOLOGY DIVISION
BUFFALO, NEW YORK

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. (Set forth in 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 17, 2009 on behalf of workers of SPX
Corporation, Flow Technology Division, Buffalo, New York (SPX
Buffalo).
The workers are engaged in activities related to the
production of stainless steel fittings used in the sanitary and
bio-pharmaceutical industries. The workers are not separately
identifiable by specific product.
The investigation revealed that workers of SPX Buffalo, who
are engaged in activities related to the production of
stainless steel fittings, meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in the acquisition of stainless steel fittings to
Thailand.
Criterion III has been met because the shift in
acquisition of stainless steel fittings by SPX Buffalo to
Thailand contributed importantly to worker group separations of
SPX Buffalo.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SPX Corporation, Flow
Technology Division, Buffalo, New York, who are engaged in
activities related to production of stainless steel fittings
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 SPX Corporation, Flow Technology Division,
Buffalo, New York, who became totally or partially
separated from employment on or after December 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 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 14th day of May, 2010


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance