Petitioner Type: Company
Impact Date: 01/20/2005
Filed Date: 01/23/2006
Most Recent Update: 02/03/2006
Determination Date: 02/03/2006
Expiration Date: 02/03/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,688
NOVAR CONTROLS, INC.
INCLUDING LEASED WORKERS OF MANPOWER AND RANDSTAD
A DIVISION OF HONEYWELL INTERNATIONAL
MURFREESBORO, TENNESSEE
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 January 23, 2006 in
response to a petition filed by a company official on behalf of
workers of Novar Controls, Inc., a division of Honeywell
International, Murfreesboro, Tennessee. The workers of the subject
firm produce HVAC control units.
The worker group includes onsite leased workers of Manpower
and Randstad.
The investigation revealed that it is anticipated that
employment at the subject plant will decrease in March of 2006.
The workers of the subject firm have been formally notified of
impending separations.
The subject firm will shift all production of HVAC control
units to Mexico beginning in March of 2006. Mexico 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 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 two has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable to other positions in the area.
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 Novar Controls, Inc., including leased workers
of Manpower and Randstad, a division of Honeywell
International, Murfreesboro, Tennessee who became totally or
partially separated from employment on or after January 20,
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."
I further determine that all workers of Novar Controls, Inc.,
a division of Honeywell International, including leased
workers of Manpower and Randstad, Murfreesboro, Tennessee are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 3rd day of February 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance