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TAW-63067  /  Heatcraft Refrigeration (Danville, IL)

Petitioner Type: Union
Impact Date: 03/25/2007
Filed Date: 03/26/2008
Most Recent Update: 04/17/2008
Determination Date: 04/17/2008
Expiration Date: 04/17/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,067

HEATCRAFT REFRIGERATION
A SUBSIDIARY OF LENNOX INTERNATIONAL
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION AND TRILLIUM STAFFING
DANVILLE, ILLINOIS

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 April 17, 2008,
applicable to workers of Heatcraft Refrigeration, a subsidiary of
Lennox International, including on-site leased workers from
Spherion, Danville, Illinois. The notice was published in the
Federal Register on May 2, 2008 (73 FR 24318).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of commercial refrigeration and
HVAC equipment.


New information shows that leased workers from Trillium
Staffing were employed on-site at the Danville, Illinois
location of Heatcraft Refrigeration, a subsidiary of Lennox
International. The Department has determined that these workers
were sufficiently under the control of the subject firm.
Based on these findings, the Department is amending this
certification to include leased workers from Trillium Staffing
working on-site at the Danville, Illinois location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Heatcraft Refrigeration, a subsidiary of
Lennox International who were adversely affected by a shift in
production of commercial refrigeration and HVAC equipment to
Mexico.


The amended notice applicable to TA-W-63,067 is hereby
issued as follows:
"All workers of Heatcraft Refrigeration, a subsidiary
of Lennox International, including on-site leased
workers from Spherion and Trillium Staffing, Danville,
Illinois, who became totally or partially separated
from employment on or after March 25, 2007, through
April 17, 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 9th day of June 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-63,067

HEATCRAFT REFRIGERATION
A SUBSIDIARY OF LENNOX INTERNATIONAL
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION
DANVILLE, ILLINOIS

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), as amended, the Department of Labor herein presents the
results of its 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 26, 2008 in response
to a petition filed by the United Auto Workers, Local 1271, on
behalf of workers of Heatcraft Refrigeration, a subsidiary of
Lennox International, Danville, Illinois. The workers produce
commercial refrigeration and HVAC equipment. The workers are not
separately identifiable by product produced.
The investigation revealed Heatcraft Refrigeration also
employed on-site leased workers from Spherion.
The investigation also revealed that the preponderance of
declines in employment at the subject facility is related to a
shift in production of commercial refrigeration and HVAC equipment
to a country (Mexico) 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 determine that was a shift in production from the
workers’ firm or subdivision to Mexico of articles like or directly
competitive with commercial refrigeration and HVAC equipment
produced by Heatcraft Refrigeration, a subsidiary of Lennox
International, Danville, Illinois. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Heatcraft Refrigeration, a subsidiary of
Lennox International, Danville, Illinois, including on-site
leased workers from Spherion, who became totally or partially
separated from employment on or after March 25, 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 17th day of April 2008


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





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