Petitioner Type: Workers
Impact Date: 05/17/2005
Filed Date: 04/20/2005
Most Recent Update: 06/01/2005
Determination Date: 06/01/2005
Expiration Date: 06/01/2007
Employment and Training Administration
TA-W-57,015
HONEYWELL, INC.
ACS: SENSING & CONTROL DIVISION
FLEX HEATERS AND FLEX FAB
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER, INC. AND METZ PERSONNEL
PAWTUCKET, RHODE ISLAND
TA-W-57,015A
HONEYWELL, INC.
ACS: SENSING & CONTROL DIVISION
SUPPORT STAFF
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER, INC. AND METZ PERSONNEL
PAWTUCKET, RHODE ISLAND
TA-W-57,015B
HONEYWELL, INC.
ACS: SENSING & CONTROL DIVISION
THERMAL CUT OFFS (TCO)
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER, INC. AND METZ PERSONNEL
PAWTUCKET, RHODE ISLAND
TA-W-57,015C
HONEYWELL, INC.
ACS: SENSING & CONTROL DIVISION
THERMISTOR/PROBE
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER, INC. AND METZ PERSONNEL
PAWTUCKET, RHODE ISLAND
TA-W-57,015D
HONEYWELL, INC.
ACS: SENSING & CONTROL DIVISION
COMMERCIAL & PRECISION THERMOSTATS
INCLUDING ON-SITE LEASED WORKERS OF
MANPOWER, INC. AND METZ PERSONNEL
PAWTUCKET, RHODE ISLAND
Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on April 20, 2005 on behalf of
workers at Honeywell, Inc, ACS: Sensing and Control Division, Flex
Heaters and Flex Fab, Pawtucket, Rhode Island (TA-W-57,015);
Honeywell, Inc, ACS: Sensing and Control Division, Support Staff,
Pawtucket, Rhode Island (TA-W-57,015A); Honeywell, Inc., ACS:
Sensing and Control Division, Thermal Cut Offs (TCO), Pawtucket,
Rhode Island (TA-W-57,015B); Honeywell, Inc., ACS: Sensing and
Control Division, Thermistor/Probe, Pawtucket, Rhode Island (TA-W-
57,015C); Honeywell, Inc, ACS: Sensing and Control Division,
Commercial and Precision Thermostats, Pawtucket, Rhode Island (TA-
W-57,015D).
The subject facility was previously certified under (TA-W-
51,384) due to a shift in production to a country (Mexico) with a
free trade agreement. The certification expired on May 16, 2005.
The subject facility leased some of its on-site workers from
Manpower, Inc. and Metz Personnel, Pawtucket, Rhode Island.
The workers at the subject facility produce thermal products
and are separately identifiable by specific products: flex heaters
and flex fab (TA-W-57,015); thermal cut offs (TCO) (TA-W-57,015B);
thermistor/probe (TA-W-57,015C); and commercial and precision
thermostats (TA-W-57,015D). The workers also include the support
staff (TA-W-57,015A), which provided direct support to production.
The investigation revealed that criterion (a) (2) (A) (I.A)
and criterion (a) (2) (B) (II.A) have not been met in the following
product areas: flex heater and flex fab (TA-W-57,015); thermal cut
offs (TC0) (TA-W-57,015B); and thermistor/probe (TA-W-57,015C);
including support staff (TA-W-57,015A).
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers in the flex heater and flex fab (TA-W-57,015), thermal
cut offs (TCO) (TA-W-57,015B), and thermistor/probe (TA-W-57,015C)
product areas, including support staff (TA-W-57,015A) as required
by Section 222 of the Trade Act of 1974. Significant number or
proportion of the workers in a firm or appropriate subdivision
thereof, means that at least three workers with a workforce of
fewer than 50 workers, or five percent of the workforce in worker
groups of 50 or more.
Furthermore the investigation did reveal that criteria (a) (2)
(B) have been met in the precision and commercial thermostat (TA-W-
57,015D) product area.
Employment in the precision and commercial thermostat (TA-W-
57,015D) product area will decrease when additional lay-offs occur
in June and July 2005. The previous certification (TA-W-51,384)
expired on May 16, 2005.
Production and sales in the commercial and precision
thermostats (TW-A-57,015D) decreased in 2003, 2004 and during
January through March 2005 when compared to the same time frame in
2004.
The subject firm transferred production of commercial
thermostats (TA-W-57,015D) to China. Foreign production of
commercial thermostats (TA-W-57,015D) replaced domestic production
following the shift.
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 in the case of precision
and commercial thermostats (TA-W-57,015D) the criteria have been
met. The investigation revealed that a significant number of
workers at the subject firm are age 50 or over, the workers' skills
are not easily transferable and conditions within the industry are
adverse.
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
workers engaged in the production of flex heaters and flex fab (TA-
W-57,015), thermal cut offs (TA-W-57,015B, and thermistor/probe
(TA-W-57,015C), including support staff (TA-W-57,015A) are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
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 China (TA-W-57,015D) 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:
"Workers of Honeywell, Inc, ACS: Sensing and Control Division,
engaged in the production of Commercial and Precision
Thermostats, including on-site leased workers of Manpower,
Inc. and Metz Personnel, Pawtucket, Rhode Island (TA-W-
57,015D) who became totally or partially separated from
employment on or after May 17, 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, are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
After careful review, I determine that workers of Honeywell, Inc.,
ACS: Sensing and Control Division, engaged in the production of
flex heaters and flex fab (TA-W-57,015), thermal cut offs (TA-W-
57,015B), and thermistor/probe (TA-W-57,015C), including staff
support personnel (TA-W-57,015A), Pawtucket, Rhode Island 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 1st day of June 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance