Certified
« back to search results

TAW-70115  /  Senco Bands, Inc. (Cincinnati, OH)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 12/10/2009
Determination Date: 12/10/2009
Expiration Date: 12/10/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,115

SENCO BRANDS, INC.
FKA SENCO PRODUCTS, INC.
INCLUDING THE ON-SITE LEASED WORKERS OF MANPOWER, INC.
EXPRESS PERSONNEL SERVICES AND,
COMMERCIAL CONSTRUCTION MANAGEMENT AND RESOURCES (CCMR)
CINCINNATI, OHIO

Amended 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
issued a Certification of Eligibility to apply for Worker
Adjustment Assistance on December 10, 2009, applicable to
workers of Senco Brands, Inc., fka Senco Products, Inc.,
including the on-site leased workers of Manpower, Inc., and
Express Personnel Services, Cincinnati, Ohio. The notice was
published in the Federal Register on January 25, 2010 (75 FR
3930).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of automatic
nail guns, nails, and staples.
The company reports that workers leased from Commercial
Construction Management and Resources (CCMR) were employed on-
site at the Cincinnati, Ohio location of Senco Brands, Inc., fka
Senco Products, Inc. The Department has determined that these
workers were sufficiently under the control of the subject
firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Commercial
Construction Management and Resource (CCMR) working on-site at
the Cincinnati, Ohio location of Senco Brands, Inc., fka Senco
Products, Inc.



The amended notice applicable to TA-W-70,115 is hereby
issued as follows:
“All workers of Senco Brands, Inc., fka Senco Products,
Inc., including the on-site leased workers of Manpower,
Inc., Express Personnel Services, and Commercial
Construction Management and Resources (CCMR), Cincinnati,
Ohio, who became totally or partially separated from
employment on or after May 18, 2008, through December 10,
2011, and all workers in the group threatened with total or
partial separation from employment on 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 8th day of April, 2010



/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-70,115

SENCO BRANDS, INC.
FKA SENCO PRODUCTS, INC.
INCLUDING THE ON-SITE LEASED WORKERS OF MANPOWER, INC. AND
EXPRESS PERSONNEL SERVICES
CINCINNATI, OHIO

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. (Set forth in 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 18, 2009 on behalf of the workers of Senco Brands,
Inc., fka Senco Products, Inc., including the on-site leased
workers of Manpower, Inc., and Express Personnel Services,
Cincinnati, Ohio. The workers are engaged in activities related
to the production of automatic nail guns, nails, and staples.
The workers are not separately identifiable by products.
The investigation revealed that workers of Senco Brands,
Inc., fka Senco Products, Inc., including the on-site leased
workers of Manpower, Inc., and Express Personnel Services,
Cincinnati, Ohio, who are engaged in activities related to the
production of automatic nail guns, nails, and staples meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers’ firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in a portion of the production of automatic nail guns,
nails, and staples by Senco Brands, Inc., to China.
Criterion III has been met because the shift in a portion
of the production of automatic nail guns, nails, and staples by
Senco Brands, Inc., to China contributed importantly to worker
group separations at Senco Brands, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Senco Brands, Inc.,
fka Senco Products, Inc., including the on-site leased workers
of Manpower, Inc., and Express Personnel Services, Cincinnati,
Ohio, who are engaged in activities related to the production of
automatic nail guns, nails, and staples, 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 Senco Brands, Inc., fka Senco Products,
Inc., including the on-site leased workers of Manpower,
Inc., and Express Personnel Services, Cincinnati, Ohio,
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 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 10th day of December, 2009


/s/ Elliott S. Kushner


______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance












- 4 -