Petitioner Type: Company
Impact Date: 02/02/2005
Filed Date: 03/03/2006
Most Recent Update: 03/20/2006
Determination Date: 03/20/2006
Expiration Date: 03/20/2008
Employment and Training Administration
TA-W-58,959
ITT HYDROAIR
A SUBSIDIARY OF ITT INDUSTRIES
INCLUDING LEASED PRODUCTION ON-SITE WORKERS FROM
KIMCO STAFFING AND VOLT TEMPORARY STAFFING
BREA, CALIFORNIA
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 February 3, 2006 in
response to a petition filed by a company official on behalf of
workers of ITT HydroAir, a subsidiary of ITT Industries, Brea,
California. The workers produce plastic parts for whirlpools and
spas.
The subject firm leased some on-site production workers from
Kimco Staffing and Volt Temporary Staffing.
The investigation revealed that the declines in employment at
the subject firm are related to a shift in production of plastic
parts for whirlpools and spas to a country (Mexico) that is a party
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 workers possess skills that are easily transferable in
the local 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 ITT HydroAir, a subsidiary of ITT Industries,
including leased on-site production workers from Kimco
Staffing and Volt Temporary Staffing, Brea, California, who
became totally or partially separated from employment on or
after February 2, 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 ITT Industries,
including leased on-site production workers from Kimco
Staffing and Volt Temporary Staffing, Brea, California, 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 20th day of March, 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance