Petitioner Type: Company
Impact Date: 05/09/2005
Filed Date: 04/07/2005
Most Recent Update: 05/05/2005
Determination Date: 05/05/2005
Expiration Date: 05/05/2007
Employment and Training Administration
TA-W-56,897
SQUARE D COMPANY
A DIVISION OF SCHNEIDER ELECTRIC
INCLUDING LEASED WORKERS OF ADECCO PERSONNEL
ASHEVILLE, 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, 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 April 7, 2005 in response
to a petition filed by a company official on behalf of workers of
Square D Company, a division of Schneider Electric, Asheville,
North Carolina. The workers produce electro-mechanical switches.
The worker group includes leased workers of Adecco Personnel, who
worked on-site and under contract.
Workers at the subject firm were certified eligible to apply
for adjustment assistance on May 8, 2003 (TA-W-51,550). That
certification expired May 8, 2005.
This investigation revealed that employment at the subject
facility declined from 2003 to 2004, and during the period of
January through March of 2005, compared to the same period in 2004.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of electro-
mechanical switches 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 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
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 Square D Company, a division of Schneider
Electric, including leased workers of Adecco Personnel,
Asheville, North Carolina who became totally or partially
separated from employment on or after May 9, 2005 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 5th day of May 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance