DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,561

NILFISK-ADVANCE, INC.
PLYMOUTH DIVISION
A SUBSIDIARY OF NILFISK
PLYMOUTH, MINNESOTA

Negative Determination 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 December 1, 2008 in
response to a petition filed by the International Association of
Machinists and Aerospace Workers, Local 1037 on behalf of workers
of Nilfisk-Advance, Incorporated, a subsidiary of Nilfisk,
Plymouth, Minnesota. Workers at the subject firm produce commercial
and industrial floor cleaning equipment.
The investigation revealed that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not increase
imports of commercial or industrial floor cleaning equipment from 2007
to 2008 nor did it shift production abroad during the relevant period.
The Department surveyed a sample of the subject firm's major
declining customers regarding purchases of commercial and industrial
floor cleaning equipment in 2007 and 2008. The surveys revealed no
import purchases of such articles.
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 assistance (ATAA) for older
workers.
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 the
workers are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in this investigation,
I determine that all workers of Nilfisk-Advance, Incorporated, a
subsidiary of Nilfisk, Plymouth, Minnesota 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 20th day of April, 2009

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance