DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,379

BOMBARDIER TRANSPORTATION
A SUBSIDIARY OF BOMBARDIER MASS TRANSIT CORP.
INCLUDING ON-SITE LEASED WORKERS FROM EASTERN TECHNICAL
SERVICES AND WESTAFF
PLATTSBURG, 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. 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 28, 2010, on behalf of workers of Bombardier
Transportation, a subsidiary of Bombardier Mass Transit Corp.,
Plattsburg, New York (Bombardier Transportation). The workers
produce commuter rail trains. The worker group includes on-
site leased workers from Eastern Technical Services and Westaff.
The investigation revealed that workers of Bombardier
Transportation, who are engaged in employment related to the
production of commuter rail trains, meet the criteria for
certification.
Criterion I has been met because a significant proportion
or number of the workers at Bombardier Transportation have been
totally or partially separated, or are threatened with such
separation, during the relevant period.
Criterion II has been met because Bombardier
Transportation has shifted to a foreign country the production
of an article like or directly competitive with the commuter
rail trains produced by the workers.
Criterion III has been met because the shift in
production to Canada contributed importantly to worker group
separations at the Plattsburg, New York facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bombardier
Transportation, Plattsburg, New York, who are engaged in
employment related to production of commuter rail trains, 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 Bombardier Transportation, a subsidiary of
Bombardier Mass Transit Corp., including on-site leased
workers from Eastern Technical Services and Westaff,
Plattsburg, New York, who became totally or partially
separated from employment on or after January 26, 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 30th day of July, 2010

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