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TAW-73434  /  Festo Corporation (Earth City, MO)

Petitioner Type: Workers
Impact Date: 01/28/2009
Filed Date: 02/03/2010
Most Recent Update: 05/27/2010
Determination Date: 05/27/2010
Expiration Date: 05/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,434

FESTO CORPORATION
CUSTOMER RESOURCE CENTER
EARTH CITY, MISSOURI

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 3, 2010 on behalf of workers of Festo
Corporation, Customer Resource Center, Earth City, Missouri
(Festo Corporation). Workers are engaged in activities related to
customer service and product support. The workers are separately
identifiable by service.
The investigation revealed that workers of Festo
Corporation, Customer Resource Center, Earth City, Missouri,
who are engaged in activities related to customer service and
product support meet the criteria for certification.
With regard to workers engaged in employment related to
customer service and product support, Criterion I has been met
because a significant proportion of the workers at the workers'
firm have become totally or partially separated.
Criterion II has been satisfied because the workers firm
has shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the workers'
firm.
Criterion III has been met because the shift of customer
service and product support to Canada by Festo Corporation
contributed importantly to worker group separations at Festo
Corporation.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Festo Corporation,
Customer Resource Center, Earth City, Missouri, who are engaged
in activities related to customer service and product support
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 Festo Corporation, Customer Resource
Center, Earth City, Missouri who became totally or
partially separated from employment on or after January 28,
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 27th day of May, 2010.


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