Petitioner Type: Company
Impact Date:
Filed Date: 07/02/2007
Most Recent Update: 07/31/2007
Determination Date: 07/31/2007
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,773
GILMOUR MANUFACTURING COMPANY
A SUBSIDIARY OF ROBERT BOSCH TOOL COMPANY
SOMERSET, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application of August 29, 2007, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on July 31, 2007
and published in the Federal Register on August 14, 2007 (72 FR
45451).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at
Gilmour Manufacturing Company, a subsidiary of Robert Bosch Tool
Corporation, Somerset, Pennsylvania engaged in the production of
lawn and garden products, was denied based on the findings that
during the relevant time period, the subject company 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.
In the request for reconsideration, the petitioner states
that “even though there are no layoffs planned, there is a strong
possibility” that the employment at the subject firm will
decrease in the future.
The workers of the subject firm were previously certified
eligible for TAA (TA–W-57,492). This certification expired on
July 18, 2007.
When assessing eligibility for TAA, the Department
exclusively considers the relevant employment data (for one year
prior to the date of the petition and any imminent layoffs) for
the facility where the petitioning worker group was employed. In
this case, the employment since the expiration of the previous
certification was considered. As employment levels at the
subject facility increased during the relevant time period and
there was no threat of separations during the relevant period,
criterion (1) has not been met. 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.
Although further layoffs are anticipated in the future,
those layoffs are beyond the relevant period of this
investigation. As employment levels at the subject facility did
not decline in the relevant period, and the subject firm did not
shift production to a foreign country, criteria (a)(2)(A)(I.A),
(a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have not
been met.
Should conditions change in the future, the company is
encouraged to file a new petition on behalf of the worker group
which will encompass an investigative period that will include
these changing conditions.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 12th day of September, 2007
/s/ Elliott S. Kushner
______________________
ELLIOTT S. Kushner
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,773
GILMORE MANUFACTURING COMPANY
A SUBSIDIARY OF ROBERT BOSCH TOOL CORPORATON
SOMERSET, PENNSYLVANIA
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 July 2, 2007 in response to
a petition filed on behalf of workers of Gilmour Manufacturing
Company, a Subsidiary of Robert Bosch Tool Corporation, Somerset,
Pennsylvania. Workers manufacture lawn and garden products, i.e.
hose end sprayers, nozzles, sprinklers, and pruning tools. Workers
are not separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) have not been met.
The investigation 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.
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 Gilmour
Manufacturing Company, a Subsidiary of Robert Bosch Tool
Corporation, Somerset, Pennsylvania 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 31st day of July 2007
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-61,773
GILMOUR MANUFACTURING COMPANY
A SUBSIDIARY OF ROBERT BOSCH TOOL COMPANY
SOMERSET, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application of August 29, 2007, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on July 31, 2007
and published in the Federal Register on August 14, 2007 (72 FR
45451).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, which was filed on behalf of workers at
Gilmour Manufacturing Company, a subsidiary of Robert Bosch Tool
Corporation, Somerset, Pennsylvania engaged in the production of
lawn and garden products, was denied based on the findings that
during the relevant time period, the subject company 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.
In the request for reconsideration, the petitioner states
that “even though there are no layoffs planned, there is a strong
possibility” that the employment at the subject firm will
decrease in the future.
The workers of the subject firm were previously certified
eligible for TAA (TA–W-57,492). This certification expired on
July 18, 2007.
When assessing eligibility for TAA, the Department
exclusively considers the relevant employment data (for one year
prior to the date of the petition and any imminent layoffs) for
the facility where the petitioning worker group was employed. In
this case, the employment since the expiration of the previous
certification was considered. As employment levels at the
subject facility increased during the relevant time period and
there was no threat of separations during the relevant period,
criterion (1) has not been met. 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.
Although further layoffs are anticipated in the future,
those layoffs are beyond the relevant period of this
investigation. As employment levels at the subject facility did
not decline in the relevant period, and the subject firm did not
shift production to a foreign country, criteria (a)(2)(A)(I.A),
(a)(2)(B)(II.A), (a)(2)(A)(I.B), and (a)(2)(B)(II.B) have not
been met.
Should conditions change in the future, the company is
encouraged to file a new petition on behalf of the worker group
which will encompass an investigative period that will include
these changing conditions.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 12th day of September, 2007
/s/ Elliott S. Kushner
______________________
ELLIOTT S. Kushner
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,773
GILMORE MANUFACTURING COMPANY
A SUBSIDIARY OF ROBERT BOSCH TOOL CORPORATON
SOMERSET, PENNSYLVANIA
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 July 2, 2007 in response to
a petition filed on behalf of workers of Gilmour Manufacturing
Company, a Subsidiary of Robert Bosch Tool Corporation, Somerset,
Pennsylvania. Workers manufacture lawn and garden products, i.e.
hose end sprayers, nozzles, sprinklers, and pruning tools. Workers
are not separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) have not been met.
The investigation 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.
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 Gilmour
Manufacturing Company, a Subsidiary of Robert Bosch Tool
Corporation, Somerset, Pennsylvania 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 31st day of July 2007
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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