Petitioner Type: Workers
Impact Date: 11/05/2002
Filed Date: 11/10/2003
Most Recent Update: 12/09/2003
Determination Date: 12/09/2003
Expiration Date: 12/09/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,495
FISHER CONTOLS INTERNATIONAL, LLC
VALVE DIVISION
A DIVISION OF EMERSON PROCESS MANAGEMENT
A DIVISION OF EMERSON
INCLUDING LEASED WORKERS OF MANPOWER
SHERMAN, TEXAS
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 (19 USC 2273), the Department of Labor herein presents the results of an 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 on November 10, 2003 in response to a petition filed on behalf of workers of Fisher Controls International, LLC, Valve Division, a division of Emerson Process Management, a division of Emerson, Sherman, Texas. The workers at the subject firm produce rotary valves and sliding stem valves; they are separately identifiable by product line. Furthermore, the subject firm also leases workers from Manpower.
Employment at the subject firm decreased during the period of January through June 2003 when compared to the same period in 2002.
Furthermore, the subject firm began shifting production of rotary valves and sliding stem valves to a country (Mexico) that is a party to a free trade agreement with the United States.
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.
In addition, in order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine 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 Fisher Controls International, LLC, Valve Division, a division of Emerson Process Management, a division of Emerson, including leased workers of Manpower, Sherman, Texas who became totally or partially separated from employment on or after November 5, 2002 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 are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 9th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,495
FISHER CONTOLS INTERNATIONAL, LLC
VALVE DIVISION
A DIVISION OF EMERSON PROCESS MANAGEMENT
A DIVISION OF EMERSON
INCLUDING LEASED WORKERS OF MANPOWER
SHERMAN, TEXAS
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 (19 USC 2273), the Department of Labor herein presents the results of an 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 on November 10, 2003 in response to a petition filed on behalf of workers of Fisher Controls International, LLC, Valve Division, a division of Emerson Process Management, a division of Emerson, Sherman, Texas. The workers at the subject firm produce rotary valves and sliding stem valves; they are separately identifiable by product line. Furthermore, the subject firm also leases workers from Manpower.
Employment at the subject firm decreased during the period of January through June 2003 when compared to the same period in 2002.
Furthermore, the subject firm began shifting production of rotary valves and sliding stem valves to a country (Mexico) that is a party to a free trade agreement with the United States.
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.
In addition, in order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine 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 Fisher Controls International, LLC, Valve Division, a division of Emerson Process Management, a division of Emerson, including leased workers of Manpower, Sherman, Texas who became totally or partially separated from employment on or after November 5, 2002 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 are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 9th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance