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TAW-62571  /  France - A Scott Fetzer Company (Fairview, TN)

Petitioner Type: Workers
Impact Date: 01/27/2007
Filed Date: 12/13/2007
Most Recent Update: 02/08/2008
Determination Date: 02/08/2008
Expiration Date: 02/08/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,571

FRANCE/A SCOTT FETZER CO.
INCLUDING ON-SITE LEASED WORKERS OF
PERSONNEL MANAGEMENT, INC. (PMI)
FAIRVIEW, TENNESSEE

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
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on February 8, 2008,
applicable to workers of France/A Scott Fetzer Co., including on-
site leased workers of Personnel Management, Inc. (PMI),
Fairview, Tennessee. The notice was published in the Federal
Register on February 22, 2008 (73 FR 9835).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of transformers and ballasts.
New information shows that there was a previous
certification, TA-W-55,205, issued on January 26, 2005, for the
workers of the France/A Scott Fetzer Co., Fairview, Tennessee.
That certification expired January 26, 2007. To avoid an overlap
in worker group coverage for the workers of the Fairview,
Tennessee location, the certification is being amended to change
the impact date from December 10, 2006 to January 27, 2007.
Accordingly, the Department is amending the certification to
properly reflect these matters.
The intent of the Department’s certification is to include
all workers of France/A Scott Fetzer Co. who were adversely
affected by increased customer imports.


The amended notice applicable to TA-W-62,571 is hereby
issued as follows:
"All workers of France/A Scott Fetzer Co., including
on-site leased workers of Personnel Management, Inc.
(PMI), Fairview, Tennessee, who became totally or
partially separated from employment on or after
January 27, 2007 through February 8, 2010, 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 at Washington, D.C. this 26th day of February 2008.

/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-62,571

FRANCE/A SCOTT FETZER CO.
INCLUDING ON-SITE LEASED WORKERS OF
PERSONNEL MANAGEMENT INC. (PMI)
FAIRVIEW, TENNESSEE

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)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on December 13, 2007, and filed by a company official on
behalf of workers at France/a Scott Fetzer Co., Fairview,
Tennessee. The worker group also includes leased workers of
Personnel Management Inc. (PMI) working on site at France/A Scott
Fetzer Co., Fairview, Tennessee. The workers produce transformers
and ballasts. The workers are not separately identifiable by
product line.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
transformers and ballasts for lighting fixtures during 2006, 2007.
The survey revealed that major customers increased their purchases
of imported transformers and ballasts, while decreasing their
purchases from the subject firm during the relevant time period.
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 determine that increases of imports of articles
like or directly competitive with transformers and ballasts for
lighting fixtures produced at France/a Scott Fetzer Co., Fairview,
Tennessee, contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision.


In accordance with the provisions of the Act, I make the
following certification:
"All workers of France/a Scott Fetzer Co., including on-site
leased workers of Personnel Management Inc. (PMI), Fairview,
Tennessee, who became totally or partially separated from
employment on or after December 10, 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 8th day of February 2008.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance







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