Certified
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TAW-73123  /  Garland Commercial Industries, LLC (Freeland, PA)

Petitioner Type: Company
Impact Date: 12/17/2008
Filed Date: 12/18/2009
Most Recent Update: 01/22/2010
Determination Date: 01/22/2010
Expiration Date: 01/22/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,123

GARLAND COMMERCIAL INDUSTRIES, LLC
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION STAFFING AGENCY
FREELAND, PENNSYLVANIA

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 18, 2009 by a company official and Teamsters
Local 401 on behalf of workers of Garland Commercial
Industries, LLC, Freeland, Pennsylvania (Garland). The workers
are engaged in activities related to the production of
commercial cooking equipment.
The investigation revealed that workers of Garland who are
engaged in activities related to the production of commercial
cooking equipment meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to Canada the production of an article like or
directly competitive with the article produced by the workers.
Criterion III has been met because the shift of
commercial cooking equipment production to Canada by Garland
contributed importantly to worker group separations at
Garland.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Garland Commercial
Industries, LLC, Freeland, Pennsylvania, who are engaged in
activities related to the production of commercial cooking
equipment 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 Garland Commercial Industries, LLC,
Freeland, Pennsylvania, who became totally or partially
separated from employment on or after December 17, 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 22nd day of January, 2010

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance