Certified
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TAW-74934A  /  TEC Staffing Services (Fort Smith, AR)

Petitioner Type: State
Impact Date: 11/29/2009
Filed Date: 11/30/2010
Most Recent Update: 12/16/2010
Determination Date: 12/16/2010
Expiration Date: 12/16/2012

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,934

ILPEA INDUSTRIES, INC.
FORT SMITH, ARKANSAS

TA-W-74,934A

TEC STAFFING SERVICES ON-SITE AT ILPEA INDUSTRIES, INC.
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(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 November 30, 2010 by an Arizona Workforce
Representative on behalf of workers of Ilpea Industries, Inc.,
Fort Smith, Arizona. The worker group includes on-site leased
workers from TEC Staffing Services (TA-W-74,934A). The workers
produce refrigeration gaskets.
Workers of Ilpea Industries, Inc., Fort Smith, Arizona
were previously certified eligible to apply for Trade Adjustment
Assistance on November 26, 2008, under TA-W-64,456, that expired
on November 26, 2010. That certification did not cover on-site
leased workers from TEC Staffing Services.
The investigation revealed that workers of Ilpea
Industries, Inc., Fort Smith, Arizona, who are engaged in
employment related to production of refrigeration gaskets, meet
the criteria for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with total or partial
separations.
Criterion II has been satisfied because the workers' firm
has committed to shift to a foreign country the production of
articles like or directly competitive with the articles
produced by the workers.
Criterion III has been met because the shift in
production contributed importantly to threatened worker group
separations at Ilpea Industries, Inc., Fort Smith, Arizona.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ilpea Industries,
Inc., Fort Smith, Arizona, who are engaged in activities related
to production of refrigeration gaskets, 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 Ilpea Industries, Inc., Fort Smith,
Arizona, (TA-W-74,934) who became totally or partially
separated from employment on or after November 27, 2010,
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
AND
All leased workers of TEC Staffing Services, working on-
site at Ilpea Industries, Inc., Fort Smith, (TA-W-
74,934A) who became totally or partially separated from
employment on or after November 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 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 16th day of December, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance