Petitioner Type: Company
Impact Date: 11/18/2004
Filed Date: 11/21/2005
Most Recent Update: 01/10/2006
Determination Date: 01/10/2006
Expiration Date: 01/10/2008
Employment and Training Administration
TA-W-58,383
DIVERSCO INTEGRATED SERVICES, INC.
LEASED WORKERS ON-SITE AT MURRAY, INC.
LAWRENCEBURGE, TENNESSEE
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), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on November 21, 2005 in
response to a petition filed by a company official on behalf of
workers of Diversco Integrated Services, leased workers on-site at
Murray, Inc., Lawrenceburg, Tennessee. The workers are engaged in
janitorial services on a contract basis for Murray, Inc.,
Lawrenceburg, Tennessee. The workers of Murray, Inc. produced
outdoor power equipment.
Employment of Diversco Integrated Services personnel at the
Murray, Inc. plant declined during the relevant period.
The investigation revealed that the decline in employment of
Diversco Integrated Services workers is directly related to the
decline of production at Murray, Inc., Lawrenceburg, Tennessee
during the relevant period. The workers of Murray, Inc.,
Lawrenceburg, Tennessee were certified as eligible to apply for
Trade Adjustment Assistance based on customers increasing their
imports of products like and directly competitive with outdoor
power equipment.
In accordance with Section 246 of 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 increases of imports of articles
like or directly competitive with outdoor power equipment such as
riding lawn mowers, push mowers and snow blowers produced at
Murray, Inc., Lawrenceburg, Tennessee contributed importantly to
the total or partial separation of workers from Diversco Integrated
Services, leased workers on-site at Murray, Inc., Lawrenceburg,
Tennessee. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Diversco Integrated Services, leased workers
on-site at Murray, Inc., Lawrenceburg, Tennessee, who became
totally or partially separated from employment on or after
November 18, 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 10th ay of January, 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance