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TAW-62896  /  Ingersoll-Rand Company (Colorado Springs, CO)

Petitioner Type: State
Impact Date: 02/21/2007
Filed Date: 02/26/2008
Most Recent Update: 04/24/2008
Determination Date: 04/24/2008
Expiration Date: 04/24/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,896

INGERSOLL-RAND COMPANY
SECURITY TECHNOLOGIES DIVISION
INCLUDING LEASED ON-SITE WORKERS OF ADECCO
COLORADO SPRINGS, COLORADO

Determinations 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 February 26, 2008, in
response to a petition filed by the One Stop Operator on behalf of
workers of Ingersoll-Rand Company, Security Technologies Division,
Colorado Springs, Colorado. The worker group includes workers of
ADECCO employed on site. The workers produce commercial door locks
and residential door locks. Workers are separately identifiable by
product. The ADECCO workers were engaged in residential door locks
but not commercial locks.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirement in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
With regard to workers engaged in the production of
residential door locks, it is determined that the requirements of
(a)(2)(B) of Section 222 have been met.
Employment of workers engaged in employment related to the
production of residential door locks declined in the last year.
The subject firm shifted production of residential locks to
Mexico, a country that is party to a free trade agreement with the
United States.
With regard to workers engaged in employment related to the
production of commercial door locks, the investigation revealed
that criteria I.C and II.B have not been met.
The subject firm did not shift production of commercial door
locks to any foreign location, nor did it import such locks.
A survey by the Department of Labor revealed that major
declining customers did not purchase imported commercial locks in
2006, 2007 and in January through February 2008.
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 assis-
tance (ATAA) for older workers.
The Department has determined that in the case of workers
engaged in employment related to the production of residential door
locks 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.
However, the Department has determined that in the case of
workers engaged in employment related to the production of
commercial locks that the requirements of Section 246 have not been
met.
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
workers engaged in employment related to the production of
commercial locks 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 conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with residential locks produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:


"All workers of Ingersoll-Rand Company, Security Technologies
Division, including workers of ADECCO employed on-site,
Colorado Springs, Colorado, engaged in employment related to
the production of residential locks, who became totally or
partially separated from employment on or after February 21,
2007, 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."
Furthermore, after careful review of the facts obtained in
the investigation, I determine that all workers of Ingersoll-Rand
Company, Security Technologies Division, Colorado Springs,
Colorado, engaged in employment related to the production of
commercial locks, 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 24th day of April 2008


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