Certified
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TAW-62503  /  Black and Decker Abrasives, Inc. (Marshall, TX)

Petitioner Type: Company
Impact Date: 11/26/2006
Filed Date: 11/28/2007
Most Recent Update: 12/10/2007
Determination Date: 12/10/2007
Expiration Date: 12/10/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,503

BLACK & DECKER ABRASIVES INCORPORATED
A SUBSIDIARY OF BLACK & DECKER INCORPORATED
INCLUDING ON-SITE LEASED WORKERS FROM WILLSTAFF
MARSHALL, TEXAS

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, 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 November 28, 2007, in
response to a petition filed by a company official on behalf of
workers of Black & Decker Abrasives Incorporated, a subsidiary
of Black & Decker Incorporated, Marshall, Texas. The workers at
the subject facility produce abrasive grinding wheels for power
tools.
The investigation revealed Black & Decker Abrasives
Incorporated also leased workers from Willstaff.
The preponderance in the decline in employment at the
subject facility is related to a shift in production of abrasive
grinding wheels to a country (Canada) that is party to a free
trade agreement with the United States.
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 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 conclude that there was a shift in production
from the workers' firm or subdivision to Canada of articles that
are like or directly competitive with abrasive grinding wheels
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All Workers of Black & Decker Abrasives Incorporated, a
subsidiary of Black & Decker Incorporated, Marshall, Texas,
including on-site leased workers from Willstaff, who became
totally or partially separated from employment on or after
November 26, 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 10th day of December 2007

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