Petitioner Type: State
Impact Date: 01/20/2004
Filed Date: 01/21/2005
Most Recent Update: 01/26/2005
Determination Date: 01/26/2005
Expiration Date: 01/26/2007
Employment and Training Administration
TA-W-56,375
COOPER POWER SYSTEMS
A DIVISION OF COOPER INDUSTRIES, LTD.
INCLUDING ON-SITE LEASED WORKERS OF STAFFMARK AND OLSTEN
FAYETTEVILLE, ARKANSAS
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 January 21, 2004, in
response to a petition filed by a state agency representative on
behalf of workers of Cooper Power Systems, a division of Cooper
Industries, Ltd., Fayetteville, Arkansas. Workers at the subject
firm produce electric high voltage switches, fuses, and tools; more
specifically, cutouts, discount switches, single phase switches,
connectors, vacpac, three phase switches, fuse links, and tools.
Workers are not separately identifiable by product line.
The subject firm also leased some workers from Staffmark and
Olsten.
The investigation revealed a significant number or proportion
of workers at the subject facility are threatened to become
separated from employment.
Furthermore, the investigation revealed that some production
of electric high voltage switches, fuses, and tools at the subject
firm shifted from Fayetteville, Arkansas 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 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 facility are age 50 or
over and do not possess skills that are 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 product 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 Cooper Power Systems, a division of Cooper
Industries, Ltd., including on-site leased workers from Staffmark
and Olsten, Fayetteville, Arkansas who became totally or partially
separated from employment on or after January 20, 2004 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 26th day of January 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance