Petitioner Type: Company
Impact Date:
Filed Date: 01/27/2005
Most Recent Update: 02/17/2005
Determination Date: 02/17/2005
Expiration Date:
Employment and Training Administration
TA-W-56,408
EMERSON ELECTRIC COMPANY
WHITE-RODGERS DIVISION
AFFTON, MISSOURI
Negative Determination 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.
The investigation was initiated on January 27, 2005 in
response to a petition filed by the company on behalf of workers of
Emerson Climate Technologies, White-Rodgers Division, Affton,
Missouri. The workers performed support services on a former
manufacturing facility which ceased production during 2002. That
production at the subject plant is before the relevant period of
this investigation.
The investigation revealed that workers of Emerson Climate
Technologies, White-Rodgers Division, Affton, Missouri, do not
produce an article within the meaning of Section 222(a)(2) of the
Act. In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. The maintenance workers above do not
support a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Emerson
Climate Technologies, White-Rodgers Division, Affton, Missouri, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D. C., this 17th day of February 2005.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance