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TAA Decision 70159

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

      DEPARTMENT OF LABOR
	Employment and Training Administration

TA-W-70,159

REGAL BELOIT
MARATHON ELECTRIC/GENERATORS DIVISION 
INCLUDING ON-SITE LEASED WORKERS OF
 SELECT STAFF, STAFF FORCE AND MANPOWER 
BROWNSVILLE, TEXAS

	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:
I.	The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant 
number or proportion of the workers in the workers' firm 
must have become totally or partially separated or be 
threatened with total or partial separation.

II.	The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III.	The third criterion requires that the shift/acquisition 
must have contributed importantly to the workers' 
separation or threat of separation.  See Section 
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §  
2272(a)(2)(B)(ii).
  
      The investigation was initiated in response to a petition 
filed by a company official on May 19, 2009 on behalf of the 
workers of Regal Beloit, Marathon Electric/Generators Division, 
Brownsville, Texas. The workers produced generators and related 
parts. The worker group includes on-site leased workers from 
Select Staff, Staff Force and Manpower.  
      The investigation revealed that workers of Marathon 
Electric/Generators Division, Brownsville, Texas, who are 
engaged in employment related to the production of generators, 
electric motors and related parts meet the criteria for 
certification.  
      Criterion I has been met because at least five percent of 
the workers have become separated in the last year. 
      Criterion II has been satisfied because the worker's firm 
has shifted a major portion of production of generators, 
electric motors and related parts to an affiliated facility in 
Mexico.  
      Criterion III has been met because the shift in 
production to Mexico contributed importantly to worker group 
separations at the Brownsville, Texas facility.
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Regal Beloit, 
Marathon Electric/Generators Division, Brownsville, Texas, 
including on-site leased workers from Select Staff, Staff Force 
and Manpower, who are engaged in employment related to 
production of generators, electric motors and related parts 
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 Regal Beloit, Marathon Electric/Generators 
Division, Brownsville, Texas, including on-site leased 
workers from Select Staff, Staff Force and Manpower, who 
became totally or partially separated from employment on or 
after May 18, 2008, through two years from the date of 
certification, and all workers in the group threatened with 
total or partial separation from employment on 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 31st day of July, 2009

                                    
                                    /s/Richard Church
                                    ______________________________
                                    RICHARD CHURCH
                                    Certifying Officer, Division of 
      Trade Adjustment Assistance

    

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