DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,333

KIMBALL ELECTRONICS TAMPA, INC.
KIMBALL ELECTRONICS (KE) - FREMONT DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
BENCHMARK STAFFING, ACCOUNTEMPS, AND ULTIMATE STAFFING
FREMONT, CALIFORNIA

Certification 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.
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:
(1) 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)(A)(i) the sales or production, or both, of such firm or
subdivision 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 in imports 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

The investigation was initiated in response to a petition
filed on August 2, 2011 on behalf of workers of Kimball
Electronics Tampa, Inc., Kimball Electronics (KE) - Fremont
Division, Fremont, California. The workers' firm is engaged
activities related to the production of subassemblies, system
builds and functional tests. The subject worker group includes
on-site leased workers from Benchmark Staffing, Accountemps, and
Ultimate Staffing.
During the course of the investigation, information was
collected from the workers' firm, its major declining customers,
the petitioners and from California State Workforce Office.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
article produced by KE have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at KE.
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 are 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).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kimball Electronics
Tampa, Inc., Kimball Electronics (KE) - Fremont Division,
including on-site leased workers from Benchmark Staffing,
Accountemps, and Ultimate Staffing, Fremont, California, who are
engaged in activities related to the production of
subassemblies, system builds and functional tests meet the
worker group certification criteria under 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 Kimball Electronics Tampa, Inc., Kimball
Electronics (KE) - Fremont Division, including on-site
leased workers from Benchmark Staffing, Accountemps, and
Ultimate Staffing, Fremont, California, who became totally
or partially separated from employment on or after August
1, 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."
Signed in Washington, D. C. this 15th day of September, 2011


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