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TAW-73622  /  Kilburn's Plating Company, Inc. (Adamsville, TN)

Petitioner Type: Workers
Impact Date: 02/25/2009
Filed Date: 03/04/2010
Most Recent Update: 10/28/2010
Determination Date: 10/28/2010
Expiration Date: 10/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,622

KILBURN'S PLATING COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BUSINESS PERSONNEL SOLUTIONS
ADAMSVILLE, TENNESSEE

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on March 4, 2010 on behalf of workers of Kilburn's
Plating Company, Inc., Adamsville, Tennessee (Kilburn's
Plating). The workers are engaged in performing value added
production processes (finishing) of metal coatings of nickel
and chromium over steel or brass raw parts and materials. The
worker group includes on-site leased workers from Business
Personnel Solutions.
The investigation revealed that workers of Kilburn's
Plating who are engaged in employment related to performing
value added production processes (finishing) of metal coatings
of nickel and chromium over steel or brass raw parts and
materials meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been met because workers of Kilburn's
Plating are engaged in performing value added production
processes (finishing) of metal coatings of nickel and chromium
over steel or brass raw parts and materials with firms that
employed a worker group who is covered by an active
certification and the production of metal coatings of nickel
and chromium over steel or brass raw parts and materials was
related to the article that was the basis of the firm's
certification.
Criterion III has been met because the loss of business
by Kilburn's Plating with the Trade Adjustment Assistance-
certified firms contributed importantly to the worker
separations at Kilburn's Plating.









Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kilburn's Plating
Company, Inc., including on-site leased workers from Business
Personnel Solutions, Adamsville, Tennessee, who are engaged in
employment related to performing value added production
processes (finishing) of metal coatings of nickel and chromium
over steel or brass raw parts and materials meet the worker
group certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Kilburn's Plating Company, Inc., including
on-site leased workers from Business Personnel Solutions,
Adamsville, Tennessee, who became totally or partially
separated from employment on or after February 25, 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 28th day of October, 2010


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