DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,859

EATON CORPORATION
AEROSPACE DIVISION
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER
FEID NUMBER FOR PERKIN ELMER
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, KELLY SERVICES,
OTTERBASE, AND ADECCO
PHELPS, NEW YORK
AND
TA-W-60,859A
EATON CORPORATION
AEROSPACE DIVISION EMPLOYEE OF
PHELPS, NEW YORK WORKING OUT OF
BELTSVILLE, MARYLAND

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on February 28, 2007,
applicable to workers at Eaton Corporation, Aerospace Division,
in Phelps, New York. The notice was published in the Federal
Register on March 14, 2007 (72 FR 11904).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of solenoid valves.
The company official reports that Ms. Susan Whitledge was an
employee of the Eaton Corporation, Aerospace Division in Phelps,
New York, and worked off-site at the company’s Beltsville,
Maryland facility. Ms. Whitledge was among the workers of the
firm’s Aerospace Division in Phelps, New York, who were separated
from employment based on a shift in production of solenoid valves
to Mexico.
The intent of the Department’s certification is to include
all workers of Eaton Corporation, Aerospace Division, in Phelps,
New York, who were adversely affected by the shift in production
to Mexico.
Accordingly, the Department is amending the certification to
include Ms. Whitledge, an employee of the Eaton Corporation,
Aerospace Division in Phelps, New York, working out of
Beltsville, Maryland.
The amended notice applicable to TA-W-60,859 is hereby
issued as follows:
"All workers of Eaton Corporation, Aerospace Division,
including workers whose wages were reported under FEID
number for Perkin Elmer, including on-site leased workers
from Aerotek, Kelly Services, Otterbase, and Adecco, Phelps,
New York (TA-W-60,859), and an employee of Eaton Corporation
Aerospace Division, Phelps, New York working out of
Beltsville, Maryland (TA-W-60,859A), who became totally or
partially separated from employment on or after January 30,
2006 through February 28, 2009, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974;" and
I further determine that all workers of Eaton
Corporation, Aerospace Division, including workers whose
wages were reported under FEID number for Perkin Elmer,
including on-site leased workers from Aerotek, Kelly
Services, Otterbase, and Adecco, Phelps, New York( TA-W-
60,859), and an employee of Eaton Corporation
Aerospace Division, Phelps, New York working out of
Beltsville, Maryland (TA-W-60,859A), 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 8th day of August 2007.

/s/ Linda G. Poole________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance





4510-FN-P


DEPARTMENT OF LABOR


Employment and Training Administration

TA-W-60,859

EATON CORPORATION
AEROSPACE DIVISION
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER FEID NUMBER FOR
PERKIN ELMER
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, KELLY SERVICES,
OTTERBASE, AND ADECCO
PHELPS, NEW YORK

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 31, 2007, in
response to a petition filed by a company official on behalf of
workers of Eaton Corporation, Aerospace Division, including workers
whose wages were reported under FEID number for Perkin Elmer,
Phelps, New York, New York. The workers of the subject firm produce
solenoid valves.
The subject firm also leases some workers from Aerotek, Kelly
Services, Otterbase, and Adecco.
The investigation revealed a significant number or proportion
of workers at the subject firm are threatened to become separated
from employment.
Furthermore, the investigation revealed solenoid valves
production shifted from the subject firm Phelps, New York 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.

Workers in the workers’ firm possess skills that are easily
transferable.
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 Eaton Corporation, Aerospace Division,
including workers whose wages were reported under FEID number
for Perkin Elmer, including on-site leased workers from
Aerotek, Kelly Services, Otterbase, and Adecco, Phelps, New
York who became totally or partially separated from employment
on or after January 30, 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


I further determine that all workers of Eaton Corporation,
Aerospace Division, including workers whose wages were reported
under FEID number for Perkin Elmer, including on-site leased
workers from Aerotek, Kelly Services, Otterbase, and Adecco,
Phelps, New York, 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 28th day of February 2007

/S/Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance



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