DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,265

MWH AMERICAS, INC.
MWH DESIGN SERVICES (DESIGN)
A SUBSIDIARY OF MWH GLOBAL, INC.
TECHNOLOGY, KNOWLEDGE AND MANAGEMENT (TKM) DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ACCOUNTEMPS, ADECCO
EMPLOYMENT SERVICES LTD, AEROTEK, INC., AEROTEK ULC, AIMHIRE
LLC, AJILON FINANCE, APPLE ONE EMPLOYMENT SERVICES, A WORD
WITH NINA, BENCHMARK, BOYER ENVIRONMENTAL CONSULTING LTD,
BROOKE STAFFING COMPANIES, INC., CREATIVE GROUP, DIVERSIFIED
STAFFING SERVICES, E1 SERVICES, INC., FIRSTSTAFF, INC., FRIDAY
PROFESSIONAL GROUP, INC., FUJITSU AMERICA, INC., GRT BUSINESS
SOLUTIONS, INC., PATRICIA HEFNER, HOLLISTER ASSOCIATES, INC.,
HUMAN RESOURCES-RENTON, IMPRIMIS/ART SQUAD, KELLY SERVICES,
INC., KENNMARK PERSONNEL LLC, KFORCE, INC., BORO LUKAJIC &
ASSOCIATES, INC., MANPOWER, THE MASYC GROUP, INC., TERRI L
MEYERS, MRI CONTRACT STAFFING, OFFICE TEAM, ORACLE AMERICA,
INC., PALAZZO, INC., PEER TECHNICAL, RANDSTAD CANADA, RANDSTAD
ENGINEERING, RANDSTAD US LP, REMEDY INTELLIGENT STAFFING,
REMEDY TEMP, INC., RESOURCES GLOBAL PROFESSIONALS, THE
SPECIALISTS GROUP LLC, SPENCER REED GROUP LLC, STAFFING NOW,
INC., STAFFMARK, S3 TALENTMANAGEMENT LLC, STIVERS STAFFING
SERVICES, SUN COAST STAFFING, SYSTEM 1 STAFFING, TALAGY,
TALENT TREE, TEKSYSTEMS, AND WINEFIELD TECHNICAL SOLUTIONS
BROOMFIELD, COLORADO

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated July 1, 2011, resulted in
a negative determination, issued on September 27, 2011, that was
based on the finding that the subject firm does not produce an
article. The determination was applicable to workers and former
workers of MWH Americas, Inc., MWH Design Services (DESIGN), a
subsidiary of MWH Global, Inc., Technology, Knowledge and
Management (TKM) Division, Broomfield, Colorado (MWH Americas).
The notice of negative determination was published in the Federal
Register on October 20, 2011 (76 FR 65215). The workers’ firm is
engaged in activities related to the supply of professional
engineering, architecture and computer assisted design (CAD)
technical consultation services for the preparation of construction
drawings and written specification for water infrastructure
projects. The worker group includes on-site leased workers from
Accountemps, Adecco Employment Services LTD, Aerotek, Inc., Aerotek
ULC, Aeroteck LLC, Ajilon Finance, AimHire LLC, Apple One
Employment Services, A Word With Nina, Benchmark, Boyer
Environmental Consulting LTD, Brooke Staffing Companies, Creative
Group, Diversified Staffing Services, E1 Services, Inc.,
FirstStaff, Inc., Friday Professional Group, Inc., Fujitsu America,
Inc., GRT Business Solutions, Inc., Patricia Hefner, Hollister
Associates, Inc., Human Resources-Renton, Imprimis/Art Squad, Kelly
Services, Inc., Kennmark Personnel LLC, Kforce, Inc., Boro Lukajic
& Associates, Inc., Manpower, The MASYC Group, Inc., Terri L
Meyers, MRI Contract Staffing, Office Team, Oracle America, Inc.,
Palazzo, Inc., Peer Technical, Randstad Canada, Randstad
Engineering, Randstad US LP, Remedy Intelligent Staffing, Remedy
Temp, Inc., Resources Global Professionals, The Specialists Group
LLC, Spencer Reed Group LLC, Staffing Now, Inc., Staffmark, S3
TalentManagement LLC, Stivers Staffing Services, Sun Coast
Staffing, System 1 Staffing, Talagy, Talent Tree, TEKsystems, and
Winefield Technical Solutions.
A request for administrative reconsideration of the negative
determination applicable to MWH Americas was received by the
Department on October 19, 2011.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that subject
worker separations are related to a shift to a foreign country in
the supply of engineering, architecture and CAD technical
consultation services.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at MWH Americas have become totally or
partially separated, or are threatened with such separations.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the supply of services like or
directly competitive with the engineering, architecture and CAD
technical consultation services supplied by the subject workers,
which contributed importantly to separations at MWH Americas,
Inc., MWH Design Services (DESIGN), TKM Division, Broomfield,
Colorado.
Conclusion
After careful review, I determine that workers of MWH Americas,
Inc., MWH Design Services (DESIGN), TKM Division, including on-site
leased workers, Broomfield, Colorado, who were engaged in
employment related to the supply of professional engineering,
architecture and CAD technical consultation services, 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 MWH Americas, Inc., MWH Design Services
(DESIGN), a subsidiary of MWH Global, Inc., Technology,
Knowledge and Management (TKM) Division, including on-site
leased workers from Accountemps, Adecco Employment Services
LTD, Aerotek, Inc., Aerotek ULC, Aeroteck LLC, Ajilon Finance,
AimHire LLC, Apple One Employment Services, A Word With Nina,
Benchmark, Boyer Environmental Consulting LTD, Brooke Staffing
Companies, Creative Group, Diversified Staffing Services, E1
Services, Inc., FirstStaff, Inc., Friday Professional Group,
Inc., Fujitsu America, Inc., GRT Business Solutions, Inc.,
Patricia Hefner, Hollister Associates, Inc., Human Resources-
Renton, Imprimis/Art Squad, Kelly Services, Inc., Kennmark
Personnel LLC, Kforce, Inc., Boro Lukajic & Associates, Inc.,
Manpower, The MASYC Group, Inc., Terri L Meyers, MRI Contract
Staffing, Office Team, Oracle America, Inc., Palazzo, Inc.,
Peer Technical, Randstad Canada, Randstad Engineering,
Randstad US LP, Remedy Intelligent Staffing, Remedy Temp Inc.,
Resources Global Professionals, The Specialists Group LLC,
Spencer Reed Group LLC, Staffing Now, Inc., Staffmark, S3
TalentManagement LLC, Stivers Staffing Services, Sun Coast
Staffing, System 1 Staffing, Talagy, Talent Tree, TEKsystems,
and Winefield Technical Solutions, Broomfield, Colorado, who
became totally or partially separated from employment on or
after June 23, 2010, through two years from the date of this
certification, and all workers in the group threatened with
total or partial separation from employment on December 20,
2011 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 25th day of November, 2011

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




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,265

MWH AMERICAS, INC.
MWH DESIGN SERVICES (DESIGN)
A SUBSIDIARY OF MWH GLOBAL, INC.
TECHNOLOGY, KNOWLEDGE AND MANAGEMENT (TKM) DIVISION
BROOMFIELD, COLORADO

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such 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 second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
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 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 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 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(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on July 1, 2011 on behalf of workers of MWH Americas, Inc.,
MWH Design Services (DESIGN), a subsidiary of MWH Global, Inc.,
Technology, Knowledge and Management (TKM) Division, Broomsfield,
Colorado. The workers’ firm supplies professional engineering,
architecture and CAD technical consultation services for the
preparation of construction drawings and written specification for
water infrastructure projects.
The petition alleges that the supply of professional
engineering, architecture and CAD technical consultation services
was shifted to an affiliated location in India.
During the course of the investigation, information was
collected from the petitioners and company officials.
The investigation revealed that MWH Americas, Inc., MWH Design
Services (DESIGN), a subsidiary of MWH Global, Inc., Technology,
Knowledge and Management (TKM) Division, Broomsfield, Colorado,
does not produce an article within the meaning of Section 222(a) or
Section 222(b) of the Act. Rather, the workers’ firm supplies
third-party engineering, architecture and CAD technical
consultation services for its clients.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a “firm” or appropriate subdivision
that produces an article. The definition of a firm includes an
individual proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of MWH Americas, Inc.,
MWH Design Services (DESIGN), a subsidiary of MWH Global, Inc.,
Technology, Knowledge and Management (TKM) Division, Broomsfield,
Colorado are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 27th day of September, 2011


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



- 9 -