DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,915

INGERSOLL RAND
THERMO KING DIVISION
SHEET METAL DEPARTMENT
ARECIBO, PUERTO RICO

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 (TAA), 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 August 21, 2008 in
response to a petition filed by the Commonwealth of Puerto Rico,
Human Resources and Occupational Development Council, Department
of Labor and Human Resources on behalf of workers of Ingersoll
Rand, Thermo King Division, Sheet Metal Department, Arecibo,
Puerto Rico. Workers at the subject firm produce sheet metal
components for refrigeration units. The worker group under
investigation is exclusively the workers belonging to the Sheet
Metal Department.
The investigation revealed that the declines in employment
at the subject firm are related to a shift in production of
sheet metal components to Mexico, a country 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 there has been a shift in
production from the workers' firm or subdivision to Mexico of
articles that are like or directly competitive with those
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, Thermo King Division, Sheet
Metal Department, Arecibo, Puerto Rico who became totally
separated from employment on August 13, 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 at Washington, D.C., this 1st day of October 2008


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