Petitioner Type: Union
Impact Date: 11/06/2003
Filed Date: 10/14/2003
Most Recent Update: 11/06/2003
Determination Date: 11/06/2003
Expiration Date: 11/06/2005
Employment and Training Administration
TA-W-53,221
INTERMETRO INDUSTRIES
A DIVISION OF EMERSON ELECTRIC
WILKES-BARRE, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination to Apply for Alternative Trade Adjustment
Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated October 14, 2003 in response
to a petition filed by the United Steelworkers of America, Local
5652 on behalf of workers of Intermetro Industries, a division of
Emerson Electric, Wilkes-Barre, Pennsylvania. The workers at the
subject firm produce wire shelving.
The investigation revealed that employment at the subject
division decreased absolutely from 2001 to 2002 and during the
period of January through September 2003 when compared to the same
period in 2002.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of wire shelving to a
country (Mexico) that is a party to a free trade agreement with the
United States.
Workers of Intermetro Industries were previously certified
eligible to apply for adjustment assistance under petition number
TA-W-40,214. That petition expired November 5, 2003.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, 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 criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm
are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that
are not easily transferable.
3. The competitive conditions with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has determined in this case that the criterion
(2) of Section 246 has not been met.
The workers at the firm possess skills that are easily
transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Intermetro Industries, a division of Emerson
Electric, Wilkes-Barre, Pennsylvania, who became totally or
partially separated from employment on or after November 6,
2003 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974;"
and
I further determine that workers of Intermetro Industries, a
division of Emerson Electric, Wilkes-Barre, Pennsylvania, are
denied eligibility to apply for alternative trade assistance under
section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 6th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance