DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,205

RIVER BEND INDUSTRIES, LLC
INCLUDING ON-SITE LEASED WORKERS FROM FIRSTSTAFF,
TRAC STAFFING, AND WORKSOURCE, INC.
FORT SMITH ARKANSAS

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 August 2, 2010, applicable to workers of River Bend
Industries, LLC including on-site leased workers from FirstStaff,
Trac Staffing, WorkSource, Inc., Fort Smith, Arkansas. The
Department’s notice of determination was published in the Federal
Register on August 23, 2010 (75 FR 51846).
At the request of the State of Arkansas, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of plastic parts for
appliances.
The company reports that workers leased from Trac Staffing and
Worksource, Inc. were employed on-site at the Fort Smith, Arkansas
location of River Bend Industries, LLC. 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 Trac Staffing and
Worksource, Inc., working on-site at the Fort Smith, Arkansas
location of River Bend Industries.
The amended notice applicable to TA-W-74,205 is hereby issued
as follows:
"All workers of River Bend Industries, LLC, including on-
site leased workers from FirstStaff, Trac Staffing and
Worksource, Inc., Fort Smith, Arkansas, who became
totally or partially separated from employment on or
after May 10, 2009, through August 2, 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 in Washington, D.C. this 21th day of August, 2012

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,205

RIVER BEND INDUSTRIES, LLC
INCLUDING ON-SITE LEASED WORKERS FROM FIRSTSTAFF
FORT SMITH, ARKANSAS

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 “Supplier“ as “a firm that produces and supplies directly to
another firm component parts for articles, or in the supply of
services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section 222
of the Act] of a group of workers employed by such other firm.“
The investigation was initiated in response to a petition
filed on June 8, 2010 by a company official on behalf of workers of
River Bend Industries, LLC, Fort Smith, Arkansas. The workers
produce plastic parts for appliances. The worker group includes
on-site leased workers from FirstStaff.
The investigation revealed that workers of River Bend
Industries, who are engaged in employment related to production of
plastic parts, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion of
the workers have been separated during the relevant period.
Criterion II has been satisfied because River Bend Industries
produced and sold plastic parts directly to a firm that employed a
TAA-certified worker group to be incorporated into appliances.
Criterion III has been met because the customer that employed
a TAA-certified worker group accounted for at least 20 percent of
the production or sales of River Bend Industries, LLC, Fort Smith,
Arkansas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of River Bend Industries
LLC, Fort Smith, Arkansas, who are engaged in employment related to
production of plastic parts 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 River Bend Industries, LLC, including on-site
leased workers from FirstStaff, Fort Smith, Arkansas, who
became totally or partially separated from employment on or
after May 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 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 2nd day of August, 2010

/s/ Michael W. Jaffe

_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance



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