Petitioner Type: Workers
Impact Date: 10/16/2002
Filed Date: 10/23/2003
Most Recent Update: 11/18/2003
Determination Date: 11/18/2003
Expiration Date: 02/25/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,323
FRANKLIN ELECTRIC COMPANY, INCORPORATED
MOTOR COMPONENTS DIVISION
JONESBORO, INDIANA
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. 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;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on September 22, 2003, in
response to a petition filed on behalf of workers of Franklin
Electric Company Inc., Motor Components Division, Jonesboro,
Indiana. The workers produced lead wire for use in the company's
production of submersible motors. Workers producing lead wire are
separately identifiable from those producing other products at the
plant.
The investigation revealed that criteria I.A, II.A and II.B
have not been met.
There have been no separations of workers producing lead wire
at the subject division. Significant layoffs of these workers are
not expected to begin until early 2004, more than 60 days from the
date of the petition.
The petitioners allege a shift in production of lead wire to
Mexico. Although the company expects to begin the shift to Mexico
in early to mid-2004, it has not yet occurred.
The production of motors from the subject facility to Mexico
has been underway for some time, but it has not affected employment
of workers producing lead wire.
Petitioners are urged to reapply for trade adjustment
assistance when layoffs of workers producing lead wire are imminent
and a shift in production of lead wire has occurred.
Conclusion
After careful review, I determine that all workers of
Franklin Electric Company Inc., Motor Components Division,
Jonesboro, Indiana are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 18th day of November 2003
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance