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TAW-81479  /  River Flats Testing Corporation (Appleton, WI)

Petitioner Type: Union
Impact Date: 04/02/2011
Filed Date: 04/05/2012
Most Recent Update: 04/20/2012
Determination Date: 04/20/2012
Expiration Date: 04/20/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,479

RIVER FLATS TESTING CORPORATION
APPLETON, WISCONSIN

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(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 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 or service 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 term "Downstream Producer" as "a firm that performs
additional, value-added production processes or services
directly for another firm for articles or services with
respect to which a group of workers in such other firm has
been certified under subsection (a) [of Section 222 of the
Act]" and defines the term "value-added production processes
or services" to "include final assembly, finishing, testing,
packaging, or maintenance or transportation services."
The investigation was initiated in response to a petition
filed on April 5, 2012 by the International Association of
Machinists and Aerospace Workers (IAMAW), Local 1855 on behalf
of workers of River Flats Testing Corporation, Appleton,
Wisconsin (River Flats). The workers' firm is engaged in
activities related to the supply of testing services of
industrial compressors and turbo expanders.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(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(b)(2) has been met because workers of River
Flats is a 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
service is related to the actual finished article or service
that was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by River Flats with the aforementioned firm
contributed importantly to worker separations at River Flats.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of River Flats Testing
Corporation, Appleton, Wisconsin, who are engaged in
activities related to the supply of testing services of
industrial compressors and turbo expanders 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 of River Flats Testing Corporation,
Appleton, Wisconsin, who became totally or partially
separated from employment on or after April 2, 2011
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the 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 20th day of April, 2012.


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