DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,453

BLACK AND DECKER
FAYETTEVILLE SITE
INCLUDING ON-SITE LEASE WORKERS OF
EMPLOYMENT CONTROL, INC.
FAYETTEVILLE, NORTH CAROLINA

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), 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)(B) of Section 222 have been met.
The investigation was initiated on November 17, 2006 in
response to a petition filed by a company official on behalf of
workers of Black and Decker, Fayetteville Site, Fayetteville,
North Carolina. The workers at the subject firm produced power
tools.


The workers at the subject facility are under an existing
certification TA-W-56,049 with an expiration date of December 16,
2006. More layoffs are anticipated beyond the expiration of the
existing certification.
The subject firm recently completed shifting plant
production of power tools to Mexico, a country that is a party to
a Free Trade Agreement with the United States.
The investigation revealed that Black and Decker leased
workers from Employment Control, Inc. to work on-site at Black
and Decker, Fayetteville Site, Fayetteville, North Carolina. The
workers were engaged activities related to the production of
power tools.
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 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 Black and Decker, Fayetteville Site,
Fayetteville, North Carolina including on-site leased
workers of Employment Control, Inc. who became totally or
partially separated from employment on or after December 17,
2006, 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 30th day of November 2006.

/s/ Elliott S. Kushner

____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance