Certified
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TAW-80002  /  Babcock & Wilcox Power Generation Group, Inc. (Barberton, OH)

Petitioner Type: Workers
Impact Date: 02/15/2010
Filed Date: 02/18/2011
Most Recent Update: 07/28/2011
Determination Date: 07/28/2011
Expiration Date: 07/28/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,002

BABCOCK & WILCOX POWER GENERATION GROUP, INC.
A SUBSIDIARY OF THE BABCOCK & WILCOX COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
SUPERIOR STAFFING AGENCY, OFFICE TEAM, ROBERT HALF, HORACE
COFER, BELCAN, LOUIS PERRY, CRITICAL PATH, KELLY SERVICES,
GREGG PROTECTION SERVICES, INC.
BARBERTON, OHIO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision 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 or subdivision
The investigation was initiated in response to a petition
filed on February 18, 2011 on behalf of workers of Babcock &
Wilcox Power Generation Group, Inc, a subsidiary of the Babcock
& Wilcox Company, Barberton, Ohio. The worker group includes
on-site leased workers from Superior Staffing Agency, Office
Team, Robert Half, Horace Cofer, Belcan, Louis Perry, Critical
Path, Kelly Services, and Gregg Protection Services, Inc. The
workers' firm is engaged activities related to the production of
industrial power generation and environmental control systems.
During the course of the investigation, information was
collected from the workers' firm and official government
sources of data.
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
and/or production of industrial power generation and
environmental control systems by the workers' firm have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by the workers' firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Babcock & Wilcox
Power Generation Group, Inc, a subsidiary of the Babcock &
Wilcox Company, including on-site leased workers of Superior
Staffing Agency, Office Team, Robert Half, Horace Cofer,
Belcan, Louis Perry, Critical Path, Kelly Services, and Gregg
Protection Services, Inc., Barberton, Ohio, who are engaged in
activities related to the production of industrial power
generation and environmental control systems and equipment,
meet the worker group certification criteria under 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 Babcock & Wilcox Power Generation Group,
Inc., a subsidiary of the Babcock & Wilcox Company,
including on-site leased workers of Superior Staffing
Agency, Office Team, Robert Half, Horace Cofer, Belcan,
Louis Perry, Critical Path, Kelly Services, and Gregg
Protection Services, Inc., Barberton, Ohio, who became
totally or partially separated from employment on or after
February 15, 2010, 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 28th day of July, 2011


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