Certified
« back to search results

TAW-62992  /  Rain Bird Corporation (Tucson, AZ)

Petitioner Type: Workers
Impact Date: 03/06/2007
Filed Date: 03/12/2008
Most Recent Update: 05/14/2008
Determination Date: 05/14/2008
Expiration Date: 05/14/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,992

RAIN BIRD CORPORATION
COMMERCIAL MANUFACTURING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM EXCEL AND NESCO
TUCSON, ARIZONA

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 March 12, 2008, in response
to a petition filed on behalf of workers of Rain Bird Corporation,
Commercial Manufacturing Division, Tucson, Arizona. Workers of the
subject firm produce irrigation products.
The subject firm leased workers from Excel and Nesco to work
on-site to produce irrigation products.
The investigation revealed that declines in employment at Rain
Bird Corporation, Commercial Manufacturing Division, Tucson,
Arizona are related to a shift in production of irrigation products
to a country (Mexico) that is a party to a free trade agreement
with the United States.
In addition, in accordance with Section 246 of 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 there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the irrigation products
produced by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Rain Bird Corporation, Commercial
Manufacturing Division, including on-site leased workers from
Excel and Nesco, Tucson, Arizona who became totally or
partially separated from employment on or after March 6, 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."
Signed in Washington, D.C., this 14th day of May 2008


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