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TAW-83015  /  Fenner Precision, Inc. (Buffalo, NY)

Petitioner Type: Workers
Impact Date: 08/21/2012
Filed Date: 08/22/2013
Most Recent Update: 11/05/2013
Determination Date: 11/05/2013
Expiration Date: 11/05/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,015

FENNER PRECISION, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK
BUFFALO, NEW YORK

Amended 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 issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on November 5, 2013, applicable to workers of Fenner Precision, Inc., Buffalo, New York. The Department’s notice of determination was published in the Federal Register on November 26, 2013 (78 FR 70581-70583).
At the request of state workforce office, the Department reviewed the certification for workers of the subject firm. The workers were engaged in activities related to the production of polyurethane CAST products.
The company reports that workers leased from Aerotek were employed on-site at the Buffalo, New York location of Fenner Precision, Inc.. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this certification to include workers leased from Aerotek working on-site at the Buffalo, New York location of Fenner Precision, Inc.
The amended notice applicable to TA-W-83,015 is hereby issued as follows:
"All workers of Fenner Precision, Inc, including on-site leased workers from Aerotek, Buffalo, New York, who became totally or partially separated from employment on or after August 21, 2012 through November 5, 2015, 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 7th day of November, 2014.


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



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,015

FENNER PRECISION, INC.
BUFFALO, NEW YORK

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), can be
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; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(III) imports of articles directly incorporating one
or more component parts produced outside the United States
that are like or directly competitive with imports of
articles incorporating one or more component parts
produced by such firm 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.

The investigation was initiated in response to a petition
filed on August 22, 2013 on behalf of workers of Fenner
Precision, Inc., Buffalo, New York (Fenner Precision). The
workers' firm is engaged in activities related to the production
of polyurethane CAST products.
During the course of the investigation, information was
collected from the workers' firm and surveys were performed on
the firm's major declining customers.
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 of polyurethane CAST products by Fenner
Precision have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of printers directly incorporating polyurethane CAST
products produced outside the United States that are like or
directly competitive with the polyurethane CAST products
produced by Fenner Precision have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased customer imports contributed importantly to the
worker group separations and sales and production declines at
Fenner Precision.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fenner Precision,
Inc., Buffalo, New York, who are engaged in activities related
to the production of polyurethane CAST products 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 Fenner Precision, Inc., Buffalo, New York,
who became totally or partially separated from employment
on or after August 21, 2012 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 5th day of November, 2013.

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