DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,353

BACKER EHP INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE
REPORTED UNDER FISHER MANUFACTURING
AND INCLUDING ON-SITE LEASED WORKERS FROM
APPLEONE AND VOLT WORKFORCE SOLUTIONS
HUNTINGTON BEACH, CALIFORNIA

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 October 24, 2016, by the state workforce office on
behalf of workers of Backer EHP Inc., including workers whose
unemployment insurance (UI) wages are reported under Fisher
Manufacturing, and including on-site leased workers from
AppleOne and Volt Workforce Solutions, Huntington Beach,
California (Backer EHP). The workers' firm is engaged in
activities related to the production of condensate evaporators.
Workers are not separately identifiable according to the article
produced. Backer EHP Inc. acquired the Huntington Beach,
California facility from Fisher Manufacturing on July 1, 2016.
During the course of the investigation, information was
collected from the workers' firm and petitioner.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Backer EHP 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 shifted to a foreign country the production of a(n)
article like or directly competitive with the condensate
evaporators produced by the workers which contributed
importantly to worker group separations at Backer EHP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Backer EHP, who are
engaged in activities related to the production of condensate
evaporators, 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 Backer EHP Inc., including workers whose
unemployment insurance (UI) wages are reported under Fisher
Manufacturing, and including on-site leased workers from
AppleOne and Volt Workforce Solutions, Huntington Beach,
California, who became totally or partially separated from
employment on or after July 1, 2016, 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 9th day of December 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance