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TAW-81955  /  Pocahontas Machine Works, Inc. (Pocahontas, AR)

Petitioner Type: State
Impact Date: 09/06/2011
Filed Date: 09/10/2012
Most Recent Update: 10/25/2012
Determination Date: 10/25/2012
Expiration Date: 10/25/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,955

POCAHONTAS MACHINE WORKS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
A.I.D. TEMPORARY SERVICES, INC.
POCAHONTAS, ARKANSAS

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 September 10, 2012 by a state workforce office on behalf
of workers of Pocahontas Machine Works, Inc., Pocahontas,
Arkansas (Pocahontas Machine Works, Inc.). The workers' firm is
engaged in activities related to the supply of maintenance
services for automated assembly machinery. The subject worker
group includes on-site leased workers from A.I.D. Temporary
Services, Inc.
During the course of the investigation, information was
collected from the workers' firm and it's major declining
customer.
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 Pocahontas
Machine Works, Inc. is a Downstream Producer to a firm (or
subdivision, whichever is applicable) 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 that was the basis for
such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Pocahontas Machine Works, Inc. with the
aforementioned firm contributed importantly to worker separations
at Pocahontas Machine Works, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pocahontas Machine
Works, Inc., including on-site leased workers from A.I.D.
Temporary Services, Inc., Pocahontas, Arkansas, who are engaged
in activities related to the supply of maintenance services for
automated assembly machinery 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 Pocahontas Machine Works, Inc., including
on-site leased workers from A.I.D. Temporary Services, Inc.,
Pocahontas, Arkansas, who became totally or partially
separated from employment on or after September 6, 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 25th day of October, 2012.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance