DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,169

ELKAY MANUFACTURING
OGDEN, UTAH

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 February 3, 2011, by a state agency representative on
behalf of workers of Elkay Manufacturing, Ogden, Utah. The
workers at the subject firm produce stainless steel sinks. The
worker group does not include any leased or temporary workers or
workers at other Elkay Manufacturing facilities.
Workers of Elkay Manufacturing, Broadview, Illinois are
eligible to apply for Trade Adjustment Assistance (TAA) under
TA-W-75,147.
The investigation revealed that workers of Elkay
Manufacturing, Ogden, Utah, who are engaged in activities
related to the production of stainless steel sinks, meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Elkay Manufacturing, Ogden, Utah were
totally or partially separated, or threatened with such
separation.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the sinks produced by the workers
at the Ogden, Utah facility.
Criterion III has been met because the shift of
production to China contributed importantly to worker group
separations at Elkay Manufacturing, Ogden, Utah.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Elkay Manufacturing,
Ogden, Utah, who are engaged in activities related to the
production of stainless steel sinks, 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 Elkay Manufacturing, Ogden, Utah, who
became totally or partially separated from employment on or
after February 1, 2010, 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 6th day of April, 2011


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance