Certified
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TAW-80093  /  The Pearlson Company, LLC (Montpelier, OH)

Petitioner Type: Workers
Impact Date: 03/07/2010
Filed Date: 04/06/2011
Most Recent Update: 07/27/2011
Determination Date: 07/27/2011
Expiration Date: 07/27/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,093

THE PEARLSON COMPANY, LLC
MONTPELIER, OHIO

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) 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;

(2) the workers' firm (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 that was the
basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm (or subdivision)
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
(or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles
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 April 6, 2011 on behalf of workers of The Pearlson
Company, LLC, Montpelier, Ohio (The Pearlson Company). The
workers' firm was engaged in the production of metal stampings.
During the course of the investigation, information was
collected from the petitioners and the subject firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at The Pearlson Company have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(b)(2) has been met because The Pearlson
Company was a Supplier 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
is related to the actual finished article that was the basis for
such certification.
Section 222(b)(3)(B) has been met because the loss of
business by The Pearlson Company with the aforementioned firm
contributed importantly to worker separations at the
Montpelier, Ohio facility.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria have been met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that criterion {1} has not
been met.
The investigation revealed that the number of workers aged
50 or older at The Pearlson Company was not significant.
Pursuant to 29 CFR 90.2, a significant number in a
workforce fewer than fifty workers is at least three workers
(equivalent to five percent of the workforce).


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Pearlson Company,
LLC, Montpelier, Ohio, who are engaged in activities related to
the production of metal stampings, meet the worker group
certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of The Pearlson Company, LLC, Montpelier,
Ohio, who became totally or partially separated from
employment on or after March 7, 2010, 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 I further determine that
all workers of The Pearlson Company, LLC, Montpelier, Ohio
are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."
Signed in Washington, D. C. this 27th day of July, 2011


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