Petitioner Type: Workers
Impact Date: 05/14/2003
Filed Date: 05/17/2004
Most Recent Update: 05/28/2004
Determination Date: 05/28/2004
Expiration Date: 05/28/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,918
INVENSYS APPLIANCE CONTROLS
NORTH MANCHESTER, INDIANA
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated April 15, 2005, a company official, requested
ATAA consideration for workers at the subject firm located in North
Manchester, Indiana.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the industrial process variable
instruments industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Invensys Appliance Controls, North Manchester,
Indiana who became totally or partially separated from
employment on or after May 14, 2003 through May 28, 2006 are
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 27th day of June 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,918
INVENSYS APPLIANCE CONTROLS
NORTH MANCHESTER, INDIANA
Certification 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.
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 May 17, 2004 in response to
a petition filed on behalf of workers at Invensys Appliance
Controls, North Manchester, Indiana. The workers produce appliance
controls and assemblies.
Declines in employment at the subject facility are related to
a shift in facility production of appliance controls and assemblies
to a country (Mexico) that is a party to a free trade agreement
with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm to Mexico of articles that are like or directly
competitive with those produced by the subject firm. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Invensys Appliance Controls, North Manchester,
Indiana who became totally or partially separated from
employment on or after May 14, 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."
Signed in Washington, D.C., this 28th day of May, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.
Employment and Training Administration
TA-W-54,918
INVENSYS APPLIANCE CONTROLS
NORTH MANCHESTER, INDIANA
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated April 15, 2005, a company official, requested
ATAA consideration for workers at the subject firm located in North
Manchester, Indiana.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the industrial process variable
instruments industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Invensys Appliance Controls, North Manchester,
Indiana who became totally or partially separated from
employment on or after May 14, 2003 through May 28, 2006 are
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 27th day of June 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,918
INVENSYS APPLIANCE CONTROLS
NORTH MANCHESTER, INDIANA
Certification 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.
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 May 17, 2004 in response to
a petition filed on behalf of workers at Invensys Appliance
Controls, North Manchester, Indiana. The workers produce appliance
controls and assemblies.
Declines in employment at the subject facility are related to
a shift in facility production of appliance controls and assemblies
to a country (Mexico) that is a party to a free trade agreement
with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers’ firm to Mexico of articles that are like or directly
competitive with those produced by the subject firm. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Invensys Appliance Controls, North Manchester,
Indiana who became totally or partially separated from
employment on or after May 14, 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."
Signed in Washington, D.C., this 28th day of May, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.