Denied
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TAW-61199  /  Emerson Network Power (Lorain, OH)

Petitioner Type: Company
Impact Date:
Filed Date: 03/28/2007
Most Recent Update: 05/08/2007
Determination Date: 05/08/2007
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,199

EMERSON NETWORK POWER
ENERGY SYSTEMS, NORTH AMERICA
LORAIN, OHIO

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 investigation was initiated on March 28, 2007 in
response to a petition filed by a company official on behalf of
workers at Emerson Network Power, Energy Systems, North America,
Lorain, Ohio. Workers in Lorain are engaged in business
administrative functions including planning, purchasing,
technical support, and design. Production facilities are located
abroad.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group currently seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that production at the
Lorain facility ceased more than one year ago. Thus the worker
group cannot be considered import impacted or affected by a
shift in production of an article.
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.
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 of the facts obtained in the
investigation, I determine that all workers of Emerson Network
Power, Energy Systems, North America, Lorain, Ohio 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 8th day of May 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance