Certified
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TAW-74050  /  Giddings and Lewis Machine Tools, LLC (Fond Du Lac, WI)

Petitioner Type: Company
Impact Date: 04/28/2009
Filed Date: 05/06/2010
Most Recent Update: 06/21/2010
Determination Date: 06/21/2010
Expiration Date: 06/21/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,050

GIDDINGS AND LEWIS MACHINE TOOLS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
SPIES PAINTING AND DECORATING, MANOWSKE WELDING CORPORATION,
PANELTEK, INC., UNI-FAB, KLASSEN CUSTOM FABRICATION, INC.,
DKAL ELECTRIC, AND BGI
FOND DU LAC, 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 May 6, 2010 on behalf of workers of Giddings and Lewis
Machine Tools, LLC, Fond du Lac, Wisconsin (Giddings). The
worker group includes on-site leased workers from Spies
Painting and Decorating, Manowske Welding Corporation,
Paneltek, Inc., Uni-Fab, Klassen Custom Fabrication, Inc.,
Dkal Electric, and BGI. The workers are engaged in activities
related to the production of metal cutting machines and
machine tools.
The investigation revealed that workers of Giddings who are
engaged in activities related to the production of metal
cutting machines and machine tools meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to Germany the production of articles like or
directly competitive with metal cutting machines and machine
tools provided by the workers.


Criterion III has been met because the shift of
production of metal cutting machines and machine tools to
Germany by Giddings has contributed importantly to worker
group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Giddings and Lewis
Machine Tools, LLC, Fond du Lac, Wisconsin, including on-site
leased workers from Spies Painting and Decorating, Manowske
Welding Corporation, Paneltek, Inc., Uni-Fab, Klassen Custom
Fabrication, Inc., Dkal Electric, and BGI, who are engaged in
activities related to the production of metal cutting machines
and machine tools 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 Giddings and Lewis Machine Tools, LLC,
Fond du Lac, Wisconsin, including on-site leased workers
from Spies Painting and Decorating, Manowske Welding
Corporation, Paneltek, Inc., Uni-Fab, Klassen Custom
Fabrication, Inc., Dkal Electric, and BGI, who became
totally or partially separated from employment on or after
April 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 21st day of June, 2010.


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