Petitioner Type: Company
Impact Date: 06/22/2004
Filed Date: 06/23/2005
Most Recent Update: 08/01/2005
Determination Date: 08/01/2005
Expiration Date: 08/01/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,437
EATON CORPORATION
FLUID POWER GROUP
INCLUDING ON SITE-LEASED WORKERS OF
ADECCO PERSONNEL
VINITA, OKLAHOMA
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 on June 23, 2005 in response to
a petition filed by a company official on behalf of workers of
Eaton Corporation, Fluid Power Group, Vinita, Oklahoma. The
workers produce brass fittings for hydraulic systems.
The subject firm uses on-site leased workers from Adecco
Personnel.
Findings of the investigation revealed that employment and
production will decline as the subject firm is shifting
production of brass fittings for hydraulic systems from Vinita,
Oklahoma to countries (Mexico and Canada) that are parties 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 the workers in the workers'
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there has been 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 Eaton Corporation, Fluid Power Group,
including on-site leased workers of Adecco Personnel,
Vinita, Oklahoma, who became totally or partially separated
from employment on or June 22, 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 Eaton Corporation,
Fluid Power Group, including on-site leased workers of Adecco
Personnel, Vinita, Oklahoma 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 1st day of August 2005.
/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance