Petitioner Type: Union
Impact Date: 11/07/2004
Filed Date: 11/08/2005
Most Recent Update: 12/12/2005
Determination Date: 12/12/2005
Expiration Date: 12/12/2007
Employment and Training Administration
TA-W-58,289
EATON CORPORATION
ELECTRICAL COMPONENTS DIVISION
BEAVER, PENNSYLVANIA
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 November 8, 2005, in
response to a petition filed by the International Brotherhood of
Electrical Workers Labor Union, Local 201, on behalf of workers
of Eaton Corporation, Electrical Components Division, Beaver,
Pennsylvania, producing automatic transfer switches.
The preponderance in the declines in employment at the
subject firm is related to a shift in production of automatic
transfer switches to Mexico, a country that is 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 do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there has been a shift in
production from Eaton Corporation, Electrical Components
Division, Beaver, Pennsylvania to Mexico of articles that are
like or directly competitive with automatic transfer switches
produced by that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Eaton Corporation, Electrical Components
Division, Beaver, Pennsylvania, engaged in employment
related to the production of automatic transfer switches,
who became totally or partially separated from employment
on or after November 7, 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 12th day of December, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance