Petitioner Type: Company
Impact Date: 04/05/2004
Filed Date: 04/11/2005
Most Recent Update: 05/13/2005
Determination Date: 05/13/2005
Expiration Date: 05/13/2007
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,945
PENTAIR, INC.
WICOR, INC.
INCLUDING LEASED WORKERS OF WORKFORCE PERSONNEL AND
PERSONNEL PLUS
LONG BEACH, CALIFORNIA
TA-W-56,945A
PENTAIR, INC.
WICOR, INC.
INCLUDING LEASED WORKERS OF KIMCO, ADECCO, KELLY SERVICES
AND APPLEONE
MURRIETA, CALIFORNIA
Amended 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), 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
Alternative Trade Adjustment Assistance on May 13, 2005,
applicable to workers of Pentair, Inc., including leased workers
of Workforce Personnel and Personnel Plus, Long Beach, California
and Pentair, Inc., including leased workers of Kimco, Adecco,
Kelly Services and Appleone, Murrieta, California. The notice
was published in the Federal Register on June 13, 2005 (70 FR
34155).
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., including leased workers of
Workforce Personnel and Personnel Plus, Long Beach, California
and Pentair, Inc., including leased workers of Kemco, Adecco,
Kelly Services and Appleone, Murrieta, California who were
adversely affected by a shift in production to Mexico and China.
The amended notice applicable to TA-W-56,945 and TA-W-
56,945A are hereby issued as follows:
"All workers of Pentair, Inc., Wicor, Inc., including
leased workers of Workforce Personnel and Personnel
Plus, Long Beach, California and Pentair, Inc., Wicor,
Inc., including leased workers of Kimco, Adecco, Kelly
Services and Appleone Murrieta, California, who became
totally or partially separated from employment on or
after April 5, 2004, through May 13, 2007, 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 at Washington, D.C. this 9th day of September 2005.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,945
PENTAIR, INC.
INCLUDING LEASED WORKERS OF WORKFORCE PERSONNEL AND
PERSONNEL PLUS
LONG BEACH, CALIFORNIA
TA-W-56,945A
PENTAIR, INC.
INLCUDING LEASED WORKERS OF KIMCO, ADECCO, KELLY SERVICES AND
APPLEONE
MURRIETA, CALIFORNIA
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 11, 2005, in response
to a petition filed by a company official on behalf of workers of
Pentair, Inc., Long Beach, California and Pentair, Inc., Murrieta,
California. The workers at the Long Beach facility produced
filament wound tanks. The workers at the Murrieta facility
produced pool lights and water filtration systems. The worker
group at Long Beach includes leased workers of Workforce Personnel
and Personnel Plus, and the worker group at Murrieta includes
leased workers of Kimco, Adecco, Kelly Services and Appleone.
The investigation revealed that the subject facilities in Long
Beach and Murrieta are scheduled to cease production in June 2005
and July 2005, respectively. Upon shutdown of the facilities all
production and employment will decline absolutely. Notices of
impending separations have already been distributed to workers.
The preponderance in decline in employment at the subject
facilities is directly attributable to production shifts to foreign
countries. The facility at Long Beach is shifting all tank
production to Mexico. The facility at Murrieta is shifting some
production of lights and filtering systems to China, and some to
Mexico.
Mexico is a party to a free trade agreement with the United
States.
Company imports of pool lights and water filtration systems
are expected to increase.
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 determine that in the case of the Long Beach
facility there was a shift in production from the workers’ firm or
subdivision to Mexico of articles like or directly competitive with
those produced by the subject firm or subdivision.
Furthermore, I determine that in the case of the Murrieta
facility that there was a shift in production from the workers’
firm or subdivision to China and Mexico of articles that are like
or directly competitive with those produced by the subject firm or
subdivision, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Pentair, Inc., including leased workers of
Workforce Personnel and Personnel Plus, Long Beach, California
and Pentair, Inc., including leased workers of Kimco, Adecco,
Kelly Services and Appleone Murrieta, California who became
totally or partially separated from employment on or after
April 5, 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 13th day of May 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-56,945
PENTAIR, INC.
WICOR, INC.
INCLUDING LEASED WORKERS OF WORKFORCE PERSONNEL AND
PERSONNEL PLUS
LONG BEACH, CALIFORNIA
TA-W-56,945A
PENTAIR, INC.
WICOR, INC.
INCLUDING LEASED WORKERS OF KIMCO, ADECCO, KELLY SERVICES
AND APPLEONE
MURRIETA, CALIFORNIA
Amended 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), 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
Alternative Trade Adjustment Assistance on May 13, 2005,
applicable to workers of Pentair, Inc., including leased workers
of Workforce Personnel and Personnel Plus, Long Beach, California
and Pentair, Inc., including leased workers of Kimco, Adecco,
Kelly Services and Appleone, Murrieta, California. The notice
was published in the Federal Register on June 13, 2005 (70 FR
34155).
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., including leased workers of
Workforce Personnel and Personnel Plus, Long Beach, California
and Pentair, Inc., including leased workers of Kemco, Adecco,
Kelly Services and Appleone, Murrieta, California who were
adversely affected by a shift in production to Mexico and China.
The amended notice applicable to TA-W-56,945 and TA-W-
56,945A are hereby issued as follows:
"All workers of Pentair, Inc., Wicor, Inc., including
leased workers of Workforce Personnel and Personnel
Plus, Long Beach, California and Pentair, Inc., Wicor,
Inc., including leased workers of Kimco, Adecco, Kelly
Services and Appleone Murrieta, California, who became
totally or partially separated from employment on or
after April 5, 2004, through May 13, 2007, 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 at Washington, D.C. this 9th day of September 2005.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,945
PENTAIR, INC.
INCLUDING LEASED WORKERS OF WORKFORCE PERSONNEL AND
PERSONNEL PLUS
LONG BEACH, CALIFORNIA
TA-W-56,945A
PENTAIR, INC.
INLCUDING LEASED WORKERS OF KIMCO, ADECCO, KELLY SERVICES AND
APPLEONE
MURRIETA, CALIFORNIA
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 11, 2005, in response
to a petition filed by a company official on behalf of workers of
Pentair, Inc., Long Beach, California and Pentair, Inc., Murrieta,
California. The workers at the Long Beach facility produced
filament wound tanks. The workers at the Murrieta facility
produced pool lights and water filtration systems. The worker
group at Long Beach includes leased workers of Workforce Personnel
and Personnel Plus, and the worker group at Murrieta includes
leased workers of Kimco, Adecco, Kelly Services and Appleone.
The investigation revealed that the subject facilities in Long
Beach and Murrieta are scheduled to cease production in June 2005
and July 2005, respectively. Upon shutdown of the facilities all
production and employment will decline absolutely. Notices of
impending separations have already been distributed to workers.
The preponderance in decline in employment at the subject
facilities is directly attributable to production shifts to foreign
countries. The facility at Long Beach is shifting all tank
production to Mexico. The facility at Murrieta is shifting some
production of lights and filtering systems to China, and some to
Mexico.
Mexico is a party to a free trade agreement with the United
States.
Company imports of pool lights and water filtration systems
are expected to increase.
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 determine that in the case of the Long Beach
facility there was a shift in production from the workers’ firm or
subdivision to Mexico of articles like or directly competitive with
those produced by the subject firm or subdivision.
Furthermore, I determine that in the case of the Murrieta
facility that there was a shift in production from the workers’
firm or subdivision to China and Mexico of articles that are like
or directly competitive with those produced by the subject firm or
subdivision, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Pentair, Inc., including leased workers of
Workforce Personnel and Personnel Plus, Long Beach, California
and Pentair, Inc., including leased workers of Kimco, Adecco,
Kelly Services and Appleone Murrieta, California who became
totally or partially separated from employment on or after
April 5, 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 13th day of May 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance