Certified
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TAW-73537  /  Peter Wolters of America (West Springfield, MA)

Petitioner Type: Workers
Impact Date: 02/10/2009
Filed Date: 02/22/2010
Most Recent Update: 05/18/2010
Determination Date: 05/18/2010
Expiration Date: 05/18/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,537

PETER WOLTERS OF AMERICA
INCLUDING ON-SITE LEASED WORKERS OF RICHMAR
WEST SPRINGFIELD, MASSACHUSETTS

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 22, 2010 by three workers on behalf of workers
of Peter Wolters of America, including on-site leased workers
of Richmar, West Springfield, Massachusetts. The workers are
engaged in employment related to the production of machine
tools.
The investigation revealed that workers of Peter Wolters of
America who are engaged in employment related to the
production of machine tools, meet the criteria for
certification.
Criterion I has been met because a significant portion of
the workers have become separated at the West Springfield,
Massachusetts location during the relevant period.
Criterion II has been met because the workers' firm is
shifting production to a foreign country articles like or
directly competitive with the articles produced by the
workers' firm at the West Springfield, Massachusetts location.
Criterion III has been met because the shift in
production to Germany by Peter Wolters of America contributed
importantly to worker separations at the West Springfield,
Massachusetts facility.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Peter Wolters of
America, including on-site leased workers of Richmar, West
Springfield, Massachusetts, 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 Peter Wolters of America, including on-
site leased workers of Richmar, West Springfield,
Massachusetts, who became totally or partially separated
from employment on or after February 10, 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 18th day of May, 2010


/s/ Elliott S. Kushner

_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance