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TAA Decision 83291

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-83,291
	
THE FABRI-FORM COMPANY
ENGINEERED COMPONENTS DIVISION
A SUBSIDIARY OF THE PENDA FORM COMPANY
INCLUDING ON-SITE LEASED WORKERS 
FROM MANPOWER AND EMPLOYMENT PLUS
PEKIN, INDIANA

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 December 13, 2013 on behalf of workers of The Fabri-
Form Company, Engineered Components Division, a subsidiary of 
The Penda Form Company, Pekin, Indiana.  The workers' firm is 
engaged in activities related to the production of plastic 
component parts used in the assembly of heavy trucks.  The 
subject worker group includes on-site leased workers from 
Manpower and Employment Plus. 
      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)(B) has been met because the workers' 
firm has shifted to a foreign country the production of an 
article like or directly competitive with the article produced 
by the workers which contributed importantly to worker group 
separations at The Fabri-Form Company.
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of The Fabri-Form 
Company, Engineered Components Division, a subsidiary of The 
Penda Form Company, including on-site leased workers from 
Manpower and Employment Plus, Pekin, Indiana, who are engaged 
in activities related to the production of plastic component 
parts used in the assembly of heavy trucks 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 The Fabri-Form Company, Engineered 
Components Division, a subsidiary of The Penda Form 
Company, including on-site leased workers from Manpower 
and Employment Plus, Pekin, Indiana, who became totally or 
partially separated from employment on or after December 
13, 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 6th day of January, 2014.

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

      

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