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TAW-74464  /  BreconRidge Manufacturing Solutions (Ogdensburg, NY)

Petitioner Type: Company
Impact Date: 07/29/2009
Filed Date: 08/04/2010
Most Recent Update: 09/30/2010
Determination Date: 09/30/2010
Expiration Date: 09/30/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,464

BRECONRIDGE MANUFACTURING SOLUTIONS
NOW KNOWN AS SANMINA-SCI CORPORATION
DIVISION OPTOELECTRONIC AND MICROELECTRONIC
DESIGN AND MANUFACTURING
A SUBSIDIARY OF SANMINA-SCI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, PENSKI, INC., AND WHITNEY ENTERPRISES
OGDENSBURG, NEW YORK

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 September 30, 2010, applicable to workers of
BreconRidge Manufacturing Solutions, now known as Sanmina-SCI
Corporation, Division Optoelectronic and Microelectronic Design
and Manufacturing, a subsidiary of Sanmina-SCI Corporation,
including on-site leased workers from Kelly Services and Penski,
Inc., Ogdensburg, New York. The workers are engaged in
activities related to the assembling of electrical components.
The notice was published in the Federal Register on October 15,
2010 (75 FR 63511).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from Whitney Enterprises were
employed on-site at the Ogdensburg, New York location of
BreconRidge Manufacturing Solutions, now known as Sanmina-SCI
Corporation, Division Optoelectronic and Microelectronic Design
and Manufacturing, a subsidiary of Sanmina-SCI Corporation. The
Department has determined that these workers were sufficiently
under the control of BreconRidge Manufacturing Solutions, now
known as Sanmina-SCI Corporation, Division Optoelectronic and
Microelectronic Design and Manufacturing, a subsidiary of
Sanmina-SCI Corporation to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Whitney Enterprises
working on-site at the Ogdensburg, New York location of
BreconRidge Manufacturing Solutions, now known as Sanmina-SCI
Corporation, Division Optoelectronic and Microelectronic Design
and Manufacturing, a subsidiary of Sanmina-SCI Corporation.


The amended notice applicable to TA-W-74,464 is hereby
issued as follows:
"All workers of BreconRidge Manufacturing Solutions,
now known as Sanmina-SCI Corporation, Division
Optoelectronic and Microelectronic Design and
Manufacturing, a subsidiary of Sanmina-SCI Corporation,
including on-site leased workers from Kelly Services,
Penski, Inc., and Whitney Enterprises, Ogdensburg, New
York, who became totally or partially separated from
employment on or after July 29, 2009, through September
30, 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 10th day of February 2011.

/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-74,464

BRECONRIDGE MANUFACTURING SOLUTIONS
NOW KNOWN AS SANMINA-SCI CORPORATION
DIVISION OPTOELECTRONIC AND MICROELECTRONIC
DESIGN AND MANUFACTURING
A SUBSIDIARY OF SANMINA-SCI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND PENSKI, INC.
OGDENSBURG, NEW YORK

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. (Set forth in 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 August 4, 2010 by a company official on behalf of workers
of BreconRidge Manufacturing Solutions, now known as Sanmina-SCI
Corporation, Division Optoelectronic and Microelectronic Design and
Manufacturing, Ogdensburg, New York (BreconRidge Sanmina
Ogdensburg). The workers are engaged in activities related to the
assembling of electrical components.
The worker group also includes on-site leased workers from
Kelly Services, and Penski, Inc.
The investigation revealed that workers of BreconRidge Sanmina
Ogdensburg who are engaged in activities related to the the
assembling of electrical components meet the criteria for
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 there has been a shift in
the assembling of electrical components by BreconRidge Sanmina
Ogdensburg to Mexico.
Criterion III has been met because the shift in the
assembling of electrical components by BreconRidge Sanmina
Ogdensburg to Mexico contributed importantly to worker group
separations at BreconRidge Sanmina Ogdensburg.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BreconRidge
Manufacturing Solutions, now known as Sanmina-SCI Corporation,
Division Optoelectronic and Microelectronic Design and
Manufacturing, including on-site leased workers from Kelly Services
and Penski, Inc., Ogdensburg, New York, who are engaged in
activities related to the assembling of electrical 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 BreconRidge Manufacturing Solutions, now known
as Sanmina-SCI Corporation, Division Optoelectronic and
Microelectronic Design and Manufacturing, including on-site
leased workers from Kelly Services and Penski, Inc.,
Ogdensburg, New York, who became totally or partially
separated from employment on or after July 29, 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 30th day of September, 2010


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










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