Certified
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TAW-73466  /  Chart Energy and Chemicals (La Crosse, WI)

Petitioner Type: Union
Impact Date: 01/29/2009
Filed Date: 02/16/2010
Most Recent Update: 07/02/2010
Determination Date: 07/02/2010
Expiration Date: 07/02/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,466

CHART ENERGY AND CHEMICALS
LA CROSSE DIVISION
A SUBSIDIARY OF CHART INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS EMPLOYMENT
PROFESSIONALS
LA CROSSE, WISCONSIN

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 16, 2010 by the International
Association of Machinists and Aerospace Workers, Lodge 2191,
on behalf of workers of Chart Energy and Chemicals, La Crosse
Division, a subsidiary of Chart Industries, Inc., La Crosse,
Wisconsin (Chart Energy and Chemicals). The workers are engaged
in employment related to the production of aluminum brazed
heat exchangers and core-in-kettle. The workers are not
separately identifiable by product line. The worker group
includes on-site leased workers from Express Employment
Professionals.
The investigation revealed that workers of Chart Energy and
Chemicals, who are engaged in employment related to the
production of aluminum brazed heat exchangers and core-in-
kettle, meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at Chart Energy and Chemicals was totally
or partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because Chart Energy and
Chemicals has shifted to a foreign country the production of
articles like or directly competitive with the aluminum brazed
heat exchangers and core-in-kettle by the workers.
Criterion III has been met because the shift to China
contributed importantly to worker group separations at the La
Crosse, Wisconsin facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Chart Energy and
Chemicals, La Crosse Division, a subsidiary of Chart Industries,
Inc., La Crosse, Wisconsin, who are engaged in employment
related to the production of aluminum brazed heat exchangers
and core-in-kettle, 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 Chart Energy and Chemicals, La Crosse
Division, a subsidiary of Chart Industries, Inc., including
on-site leased workers from Express Employment
Professionals, La Crosse, Wisconsin, who became totally or
partially separated from employment on or after January 29,
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 2nd day of July, 2010


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