Petitioner Type: State
Impact Date:
Filed Date: 10/20/2006
Most Recent Update: 11/14/2006
Determination Date: 11/14/2006
Expiration Date:
Employment and Training Administration
TA-W-60,273
MICRO MOTIONS, INC.
A DIVISION OF EMERSON ELECTRIC
INCLUDING ON-SITE LEASED WORKERS OF
STAFFING SOLUTIONS
BOULDER, COLORADO
Negative Determination 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on October 20, 2006 in
response to a petition filed by the Broomfield Workforce Center
on behalf of workers at Micro Motions, Inc., a division of
Emerson Electric, Boulder, Colorado. The workers are engaged in
employment related to the production of mass flow meters and
associated electronics transmitters.
The investigation revealed that criteria (I.A); (I.B); (I.C)
and (II.A) have not been met.
The workers of Micro Motions, a division of Emerson
Electric, Boulder, Colorado were previously certified under TA-W-
52,765, which expired on October 6, 2005.
The investigation also revealed that the subject firm did
not separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade Act
of 1974. Significant number or proportion of the workers in a
firm or appropriate subdivision means at least three workers in a
workforce of fewer than 50 workers, five percent of the workers
in a workforce of over 50 workers, or at least 50 workers.
Workers of the subject plant did not meet the threshold
employment requirement during the relevant period.
Although the subject firm shifted production to Mexico, the
shift is attributed to lack of capacity to meet demand at the
subject plant.
The investigation also revealed that sales and production at
the subject firm increased during to 2005 over the corresponding
2004 period and in the January through September 2006 period over
the corresponding January through September 2005 period.
Due to the fact that the company's demand for there products
is increasing, imports did not contribute importantly to the
layoffs at the subject plant.
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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Micro
Motions, Inc., a division of Emerson Electric, including on-site
leased workers of Staffing Solutions, Boulder, Colorado, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 14th day of November 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance