Petitioner Type: Company
Impact Date: 07/09/2005
Filed Date: 08/03/2005
Most Recent Update: 08/23/2005
Determination Date: 08/23/2005
Expiration Date: 08/23/2007
Employment and Training Administration
TA-W-57,664
EMERSON FLOW CONTROLS
ST. LOUIS, MISSOURI
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 August 3, 2005 in response
to a petition filed by a company official on behalf of workers of
Emerson Flow Controls, St. Louis, Missouri. The workers produce
control valves for air conditioning and refrigeration.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of control valves for air
conditioning and refrigeration to a country (Mexico) that is party
to a free trade agreement with the United States.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance (TA-W-51,981). That certification
expired on July 8, 2005.
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 Emerson Flow Controls, St. Louis, Missouri who
became totally or partially separated from employment on or
after July 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 23rd day of August 2005
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance