Certified
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TAW-73320  /  Rio Tinto Services, Inc. (South Jordan, UT)

Petitioner Type: Company
Impact Date: 12/28/2008
Filed Date: 01/21/2010
Most Recent Update: 04/16/2010
Determination Date: 04/16/2010
Expiration Date: 04/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,320

RIO TINTO SERVICES, INC
SALT LAKE CITY RIO TINTO REGIONAL CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
PRINCE PERELSON & ASSOCIATES AND FRANKLIN STAFFING
SOUTH JORDAN, UTAH

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 January 21, 2010 by a company official on behalf of
workers of Rio Tinto Services, Inc., Salt Lake City Rio Tinto
Regional Center, South Jordan, Utah (RTSI). The workers are
engaged in activities related to business and technical
support services. The group consists of on-site leased workers
from Prince Perelson & Associates and Franklin Staffing.
The investigation revealed that workers of RTSI who are
engaged in activities related to business and technical
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated or are threatened with total or
partial separation.
Criterion II has been satisfied because there has been a
shift by the workers' firm to a foreign country in the supply of
services like or directly competitive with those supplied by the
workers' firm.
Criterion III has been met because the shift of business
and technical services to China and Mexico by RTSI contributed
importantly to worker group separations at RTSI.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Rio Tinto Services,
Inc., Salt Lake City Rio Tinto Regional Center, including on-
site leased workers from Prince Perelson & Associates and
Franklin Staffing, South Jordan, Utah, who are engaged in
activities related to business and technical support services
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 Rio Tinto Services, Inc., Salt Lake City
Rio Tinto Regional Center, including on-site leased
workers from Prince Perelson & Associates and Franklin
Staffing, South Jordan, Utah, who became totally or
partially separated from employment on or after December
28, 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 16th day of April, 2010.


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