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TAW-80532  /  Advanced Energy Industries (Fort Collins, CO)

Petitioner Type: State
Impact Date: 10/29/2010
Filed Date: 10/19/2011
Most Recent Update: 11/30/2011
Determination Date: 11/30/2011
Expiration Date: 11/30/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,532B

ADVANCED ENERGY INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
MID OREGON PERSONNEL
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE
REPORTED THROUGH PV POWERED
CURRENTLY KNOWN AS AE SOLAR ENERGY, INC.
BEND, OREGON

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on November 30, 2011,
0applicable to workers of Advanced Energy Industries, Inc.,
including on-site leased workers of Mid Oregon Personnel, Bend,
Oregon. The workers are engaged in activities related to the
production of solar invert subcomponents, including thin films
processing power conversion and thermal instrumentation products
and solar energy inverters. The notice was published in the
Federal Register on December 13, 2011(76 FR 77556).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that Advanced Energy Industries purchased PV
Powered, currently known as AE Solar Energy, Inc. in May 2010.
Some workers separated from employment at the Bend, Oregon
location only had their wages reported through a separate
unemployment insurance (UI) tax account under the name PV
Powered, currently known as AE Solar Energy, Inc.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in the production of solar invert subcomponents, including
thin films processing power conversion and thermal
instrumentation products and solar energy inverters to China.



The amended notice applicable to TA-W-80,532 is hereby
issued as follows:
"All workers of Advanced Energy Industries, Inc.,
including on-site leased workers of Mid Oregon
Personnel, including workers whose unemployment
insurance (UI) wages are reported through PV Powered,
currently known as AE Solar Energy, Inc., Bend Oregon,
who became totally or partially separated from
employment on or after October 18, 2010, through
November 30, 2013, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974,
and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade
Act of 1974.”
Signed at Washington, D.C. this 19th day of January 2012

/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,532

ADVANCED ENERGY INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS OF ADECCO ENGINEERING AND
TECHNICAL SERVICES, RESOURCEMFG, VOLT WORKFORCE SOLUTIONS
FORT COLLINS, COLORADO

TA-W-80,532A
AEROTEK COMMERCIAL STAFFING
WORKING ON-SITE AT ADVANCED ENERGY INDUSTRIES, INC.
FORT COLLINS, COLORADO

TA-W-80,532B
ADVANCED ENERGY INDUSTRIES, INC.
INCLUDING ON-SITE LEASED WORKERS OF MID OREGON PERSONNEL
BEND, OREGON

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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have
contributed importantly to the workers’
separation or threat of separation.

The investigation was initiated in response to a petition
filed on October 19, 2011 by a Colorado state workforce official
on behalf of workers of Advanced Energy Industries, Inc.,
including on-site leased workers of Adecco Engineering &
Technical Services, ResourceMFG, and Volt Workforce Solutions,
Fort Collins, Colorado (TA-W-80,532), as well as workers of
Aerotek Commercial Staffing, working on-site at Advanced Energy
Industries, Inc., Fort Collins, Colorado (TA-W-80,532A). At the
request of a company official, the investigation was expanded to
include workers of Advanced Energy Industries, Inc., including on-
site leased workers of Mid Oregon Personnel, Bend, Oregon (TA-W-
80,532B). The workers’ firm is engaged in activities related to the
production of solar invert subcomponents, including thin films
processing power conversion and thermal instrumentation products
and solar energy inverters.
Workers of Advanced Energy Industries, Inc., including on-
site leased workers of Adecco Engineering & Technical Services,
ResourceMFG, and Volt Workforce Solutions, Fort Collins, Colorado
(TA-W-80,532) are covered under an existing TAA certification
(TA-W-64,114) that expired on October 28, 2010. The impact date
for these workers is thus adjusted to October 29, 2010. Workers
covered by TA-W-80,532A (Aerotek Commercial Staffing, Fort
Collins, Colorado) and TA-W-80,532B (Bend, Oregon) have an impact
date of October 19, 2010.
During the course of the investigation, information was
collected from the workers’ firm.
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)(B) has been met because the workers’ firm
has shifted to a foreign country the production of articles like or
directly competitive with the articles produced by the workers
which contributed importantly to worker group separations at
Advanced Energy Industries, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Advanced Energy
Industries, Inc., including on-site leased workers of Adecco
Engineering & Technical Services, ResourceMFG, and Volt Workforce
Solutions, Fort Collins, Colorado (TA-W-80,532), workers of
Aerotek Commercial Staffing, working on-site at Advanced Energy
Industries, Fort Collins, Colorado (TA-W-80,532A), and workers of
Advanced Energy Industries, Inc., including on-site leased workers
of Mid Oregon Personnel, Bend, Oregon (TA-W-80,532B), who are
engaged in activities related to the production of solar invert
subcomponents, including thin films processing power conversion
and thermal instrumentation products and solar energy inverters,
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 Advanced Energy Industries, Inc., including
on-site leased workers of Adecco Engineering & Technical
Services, ResourceMFG, and Volt Workforce Solutions, Fort
Collins, Colorado (TA-W-80,532), who became totally or
partially separated from employment on or after October 29,
2010, through two years from the date of 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
AND
All workers of Aerotek Commercial Staffing, working on-site at
Advanced Energy Industries, Inc., Fort Collins, Colorado (TA-
W-80,532A) and Advanced Energy Industries, Inc., including on-
site leased workers of Mid Oregon Personnel, Bend, Oregon (TA-
W-80,532B), who became totally or partially separated from
employment on or after October 18, 2010, through two years
from the date of 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 30th day of November, 2011


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



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