DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-73,348
HAYES ENTERPRISES, INC.
POTOMAC, MONTANA


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 services used
in the production of 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 January 26, 2010 on behalf of workers of Hayes
Enterprises, Inc., Potomac, Montana. The workers produce pulp
wood and saw logs. The petitioners allege that separations
are the result of business lost to a TAA-certified firm.
The workers are not separately identifiable by product
line. The worker group does not include on-site leased
workers.
The investigation revealed that workers of Hayes
Enterprises, Inc., Potomac, Montana, who are engaged in
employment related to the production of pulp wood and saw
logs, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant portion of
workers at the subject firm have been separated in 2009 when
compared with the corresponding 2008 and 2007 period.
Criterion II has been met because workers of Hayes
Enterprises, Inc., Potomac, Montana, produced component parts,
pulp wood and logs, that were directly supplied to a firm with
a currently certified TAA worker group, and the component
supplied was related to the production of an article that was
the basis for the TAA certification.
Criterion III has been met because the loss of business
by Hayes Enterprises, Inc., Potomac, Montana, with the TAA-
certified firm, with respect to pulp wood and saw logs sold to
the TAA-certified firm, contributed importantly to worker
separations at Hayes Enterprises, Inc., Potomac, Montana.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Automation Hayes
Enterprises, Inc., Potomac, Montana, who are engaged in
employment related to the production of pulp wood and saw logs,
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 Hayes Enterprises, Inc., Potomac, Montana,
who became totally or partially separated from employment
on or after January 18, 2009, 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 28th day of July, 2010.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance