Certified
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TAW-70066  /  Emerson Network Power (Tempe, AZ)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 08/05/2009
Determination Date: 08/05/2009
Expiration Date: 08/05/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,066

EMERSON NETWORK POWER
EMBEDDED COMPUTING
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER, QTI, AND ACAE
TEMPE, ARIZONA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 19, 2009 by a company official on behalf of workers
of Emerson Network Power, Embedded Computing, Tempe, Arizona
(Emerson-Tempe). The workers are engaged in employment related
to the manufacturing of embedded computer products and are not
separately identifiable by article produced. The worker group
also includes on-site leased workers of Manpower, QTI, and ACAE.
The investigation revealed that workers of Emerson-Tempe
engaged in employment related to the manufacturing of embedded
computer products meet the criteria for certification.
Criterion I has been met because a significant portion of
workers at Emerson-Tempe has been separated or are threatened
with separation.
Criterion II has been satisfied because Emerson-Tempe has
shifted the production of articles like or directly
competitive with embedded computer products abroad.
Criterion III has been met because the shift of
production of embedded computer products from Emerson-Tempe to
foreign countries contributed importantly to separations at
Emerson-Tempe.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emerson-Tempe who are
engaged in employment related to the production of embedded
computer products meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of Emerson Network Power, Embedded Computing,
including on-site leased workers of Manpower, QTI, and
ACAE, Tempe, Arizona, who became totally or partially
separated from employment on or after May 18, 2008, through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on the date of certification through two
years from the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of Title II of
the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 5th day of August, 2009


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