DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,400

VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA INC.
INCLUDING ON-SITE LEASED WORKERS FROM FRIDAY'S STAFFING INC. AND
ADECCO
ARDEN, NORTH CAROLINA

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 February 2, 2010 by a company official on behalf of
workers of Volvo Construction Equipment North America Inc.,
Arden, North Carolina (Volvo). The worker group includes on-
site leased workers from Friday's Staffing, Inc. and Adecco.
The workers are engaged in activities related to the production
of construction equipment.
The investigation revealed that workers of Volvo who are
engaged in activities related to the production of
construction 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 Sweden, Brazil, China, and South Korea the
production of articles like or directly competitive with the
articles provided by the workers.
Criterion III has been met because the shift of
production of construction equipment to affiliated foreign
suppliers by Volvo contributed importantly to worker group
separations at the subject firm.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Volvo Construction
Equipment North America Inc., Arden, North Carolina, including
on-site leased workers from Friday's Staffing, Inc. and
Adecco, who are engaged in activities related to the production
of construction 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 Volvo Construction Equipment North America
Inc., Arden, North Carolina, who became totally or
partially separated from employment on or after February 1,
2009, 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 19th day of March, 2010

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