DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,762

RAIN BIRD CORPORATION
ARIZONA MOLDING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
LUMEA STAFFING SERVICES, TRI-STATE STAFFING SERVICES
AND REMEDY STAFFING (AKA SELECT STAFFING)
TUCSON, ARIZONA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on June 9, 2009, applicable to workers of Rain Bird
Corporation, Arizona Molding Division, including on-site leased
workers from Lumea Staffing Services and Tri-State Staffing
Service, Tucson, Arizona. The notice was published in the Federal
Register on July 1, 2010 (75 FR 38137).
At the request of the state, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in activities related to the production of injected
molded components.
The company reports that workers leased from Remedy Staffing
Services, were employed on-site at the Tucson, Arizona location
of Rain Bird Corporation, Arizona Molding Division. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Remedy Staffing
Services, working on-site at the Tucson, Arizona location of Rain
Bird Corporation, Arizona Molding Division.
The amended notice applicable to TA-W-73,762 is hereby
issued as follows:
"All workers of Rain Bird Corporation, Arizona Molding
Division, including on-site leased workers from Lumea
Staffing Services, Tri-State Staffing Service and
Remedy Staffing Services, Tucson, Arizona, who became
totally or partially separated from employment on or
after March 18, 2009, through June 9, 2012, 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 at Washington, D.C. this 24th day of August 2010.

/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,762

RAIN BIRD CORPORATION
ARIZONA MOLDING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM LUMEA STAFFING SERVICES
AND TRI-STATE STAFFING SERVICES
TUCSON, ARIZONA

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 March 22, 2010 by a company official on behalf of workers
of Rain Bird Corporation, Arizona Molding Division, Tucson,
Arizona. The workers are engaged in employment related to the
production of injected molded components. The workers are not
separately identifiable by specific product line. The worker group
includes on-site leased workers from Lumea Staffing Services and
Tri-State Staffing Services.
The petitioners allege that separations are the result of a
shift in production to Mexico.
The investigation revealed that workers of Rain Bird
Corporation, Tucson, Arizona, who are engaged in employment
related to injected molded components, meet the criteria for
certification.
Criterion I has been met because a significant portion of
workers at the subject firm have been separated in January
through March 2010 compared with the corresponding 2009 period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers at Tucson.
Criterion III has been met because the shift of injected
molded components to Mexico by Rain Bird Corporation contributed
importantly to worker group separations at Rain Bird Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Rain Bird Corporation,
Arizona Molding Division, including on-site leased workers from
Lumea Staffing Services and Tri-State Staffing Services, Tucson,
Arizona, who are engaged in employment related to injected molded
components, 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 Rain Bird Corporation, Arizona Molding
Division, including on-site leased workers from Lumea
Staffing Services and Tri-State Staffing Services, Tucson,
Arizona, who became totally or partially separated from
employment on or after March 18, 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 9th day of June, 2010

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance



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