Certified
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TAW-70085  /  Emerson Network Power (Madison, WI)

Petitioner Type: Company
Impact Date: 07/31/2009
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-70,085

EMERSON NETWORK POWER
EMBEDDED COMPUTING
INCLUDING ON-SITE LEASED WORKERS OF QTI
MADISON, WISCONSIN

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, Madison,
Wisconsin, (Emerson-Madison). 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 QTI.
The investigation revealed that workers of Emerson-Madison
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-Madison has been separated.
Criterion II has been satisfied because Emerson-Madison
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-Madison
to these foreign countries contributed importantly to worker
group separations at Emerson-Madison.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emerson-Madison 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 QTI, Madison,
Wisconsin, 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