DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,049

BLACK AND DECKER
INCLUDING LEASED WORKERS OF EMPLOYMENT CONTROL INC.
FAYETTEVILLE, NORTH CAROLINA

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 (19
USC 2273), as amended, 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 on November 19, 2004 in
response to a petition filed by a company official on behalf of
workers at Black and Decker, including leased workers of Employment
Control, Inc., Fayetteville, North Carolina. The workers of the
subject facility produce power tools, including miter-saws, table
saws, and cordless nailers, among others. Workers are not
separately identifiable by product produced.
The investigation revealed that a significant number or
proportion of workers at the subject facility was separated between
October 2003 and October 2004.
Furthermore, the investigation revealed that the
preponderance of declines in employment at the subject facility is
related to a shift in production of power tools to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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 conclude that there was a shift in production from
Black and Decker, Fayetteville, North Carolina to Mexico of
articles that are like or directly competitive with those produced
by the subject facility. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Black and Decker, including leased workers of
Employment Control, Inc., Fayetteville, North Carolina who
became totally or partially separated from employment on or
after November 18, 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 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 16th day of December 2004.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance