Certified
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TAW-90161  /  Boardman LLC (Wichita, KS)

Petitioner Type: State
Impact Date: 01/01/2014
Filed Date: 08/27/2015
Most Recent Update: 11/13/2015
Determination Date: 11/13/2015
Expiration Date: 11/13/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,161

BOARDMAN LLC
INCLUDING ON-SITE LEASED WORKERS FROM
TOP NOTCH AND PREFERRED PERSONNEL
WICHITA, KANSAS

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; and

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

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied 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 27, 2015 by a State Workforce Official on behalf
of workers of Boardman LLC, including on-site leased workers
from Top Notch and Preferred Personnel, Wichita, Kansas. The
workers' firm is engaged in activities related to the production
of heavy steel plate fabrication for refineries and the mid-stream
gas markets.
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)(A)(i) has been met because the sales of
heavy steel plate fabrication for refineries and the mid-stream
gas markets by Boardman LLC, Wichita, Kansas, have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
articles produced by Boardman LLC, Wichita, Kansas, 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 declines at Boardman LLC, Wichita,
Kansas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Boardman LLC,
including on-site leased workers from Top Notch and Preferred
Personnel, Wichita, Kansas, who are engaged in activities related
to the production of heavy steel plate fabrication for refineries
and the mid-stream gas markets 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 Boardman LLC, including on-site leased
workers from Top Notch and Preferred Personnel, Wichita,
Kansas, who became totally or partially separated from
employment on or after January 1, 2014 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 13th day of November 2015.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance