Certified
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TAW-92007  /  DSI Underground Systems, LLC (Martinsburg, WV)

Petitioner Type: Workers
Impact Date: 07/11/2015
Filed Date: 07/12/2016
Most Recent Update: 08/16/2016
Determination Date: 08/16/2016
Expiration Date: 08/16/2018


Corrected: August 25, 2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,007

DSI UNDERGROUND SYSTEMS, LLC
A SUBSIDIARY OF FRANK CALANDRA, INC.
MARTINSBURG, WEST VIRGINIA

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 July 12, 2016 on behalf of workers of DSI Underground
Systems, LLC, a subsidiary of Frank Calandra, Inc.,
Martinsburg, West Virginia (hereafter referred to as “DSI
Underground Systems, LLC”). The workers’ firm is engaged in
activities related to the production of resin for the
underground mining industry. The subject worker group does not
include on-site leased workers.
During the course of the investigation, information was
collected from the workers’ firm and the petitioner.
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 acquired from another country the production of an
article like or directly competitive with the resin produced by
the workers which contributed importantly to worker group
separations at DSI Underground Systems, LLC.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of DSI Underground
Systems, LLC, Martinsburg, West Virginia, who are engaged in
activities related to the production of resin for the
underground mining industry, 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 DSI Underground Systems, LLC, a subsidiary
of Frank Calandra, Inc., Martinsburg, West Virginia, who
became totally or partially separated from employment on or
after July 11, 2015, 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 16th day of August, 2016
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance