Certified
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TAW-56788  /  Pentair, Inc. (South El Monte, CA)

Petitioner Type: Company
Impact Date: 03/21/2004
Filed Date: 03/22/2005
Most Recent Update: 04/27/2005
Determination Date: 04/27/2005
Expiration Date: 04/27/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,788

PENTAIR, INC.
WICOR, INC.
WATER, SPA AND BATH DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
VOLT, PERSONNEL PLUS AND APPLE ONE
SOUTH EL MONTE, CALIFORNIA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974, (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on April 27, 2005,
applicable to workers of Pentair, Inc., Water, Spa and Bath
Division, including on-site leased workers of VOLT, Personnel
Plus and Apple One, South El Monte, California. The notice was
published in the Federal Register on May 6, 2005 (70 FR 25861).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm.
New information shows that Pentair purchased Wicor, Inc. in
August 2004 that all workers separated from employment at the
subject firm had their wages reported under a separate
unemployment insurance (UI) tax account for Wicor, Inc.
Accordingly, the Department is amending the certification to
properly reflect this matter.
The intent of the Department’s certification is to include
all workers of Pentair, Inc., Water, Spa and Bath Division,
including on-site leased workers of VOLT, Personnel Plus and
Apple One, South El Monte, California who were adversely affected
by a shift in production to China and Mexico.


The amended notice applicable to TA-W-56,788 is hereby
issued as follows:
"All workers of Pentair, Inc., Wicor, Inc., including
on-site leased workers of VOLT, Personnel Plus, and
Apple One, South El Monte, California, who became
totally or partially separated from employment on or
after March 21, 2004, through April 27, 2007, are
eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.”
I further determine that all workers of Pentair, Inc.,
Water Spa and Bath Division, including on-site leased
workers of VOLT, Personnel Plus and Apple One, South
Monte, California, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.

Signed at Washington, D.C. this 12th day of September 2005.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,788

PENTAIR, INC.
WATER, SPA AND BATH DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
VOLT, PERSONNEL PLUS AND APPLE ONE
SOUTH EL MONTE, CALIFORNIA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 in response to a petition
received on March 22, 2005, and filed by a company official on
behalf of workers at Pentair, Inc., Water, Spa and Bath Division,
South El Monte, California. The workers produce bath and spa pumps
and fittings.
The investigation revealed that Pentair, Inc., Water, Spa and
Bath Division, South El Monte, California, leased workers from
VOLT, Personnel Plus, and Apple One to work on-site to produce bath
and spa pumps and fittings at Pentair, Inc., Water, Spa and Bath
Division, South El Monte, California.
The decline in employment at the subject plant is related to a
shift in plant production of bath and spa pumps and fittings to a
country (Mexico) that is a party to a free trade agreement with the
United States.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met. The investigation revealed that workers of the subject firm
possess skills that are easily transferable to other positions in
the local area.


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 Pentair, Inc., Water, Spa and Bath Division,
including on-site leased workers of VOLT, Personnel Plus, and
Apple One, South El Monte, California, who became totally or
partially separated from employment on or after March 21,
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."
I further determine that all workers of Pentair, Inc., Water,
Spa and Bath Division, including on-site leased workers of VOLT,
Personnel Plus, and Apple One, South El Monte, California, are
denied eligibility to apply for alternative trade assistance under
section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 27th day of April 2005.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance