Petitioner Type: Union
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 10/16/2009
Determination Date: 10/16/2009
Expiration Date: 10/16/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,190
TAYLOR-WHARTON INTERNATIONAL, LLC
SHERWOOD VALVE, LLC
INCLUDING ON-SITE LEASED WORKERS FROM BELCAN STAFFING
SOLUTIONS, CAROL HARRIS STAFFING, LLC, JH TECHNICAL & DATA
SERVICES, AND STAFF MASTERS, INC.
WASHINGTON, PENNSYLVANIA
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 the United Steel Workers of America,
Local 7139-2 on behalf of workers of Taylor-Wharton
International, LLC, Sherwood Valve, LLC, Washington,
Pennsylvania (Sherwood Valve). The worker group includes on-
site leased workers from Belcan Staffing Solutions, Carol
Harris Staffing, LLC, JH Technical & Data Services, and Staff
Masters. The workers produce valves and valve fittings for the
compressed gas and ACR industries.
The investigation revealed that workers of Sherwood Valve
who are engaged in activities related to valve and valve
fitting production meet the criteria for certification.
Criterion I has been met because workers of the subject
are threatened with separations.
Criterion II has been met because the firm shifted
production of like or directly competitive with the articles
produced by the workers to a foreign country.
Criterion III has been met because the shift of valves
and valve fittings to a foreign country by Sherwood Valve
contributed importantly to worker group separations at
Sherwood Valve.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Taylor-Wharton
International, LLC, Sherwood Valve, LLC, including on-site
leased workers from Belcan Staffing Solutions, Carol Harris
Staffing, LLC, JH Technical & Data Services, and Staff
Masters, Washington, Pennsylvania, who are engaged in
activities related to the production of valve and valve fitting
production 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 Taylor-Wharton International, LLC,
Sherwood Valve, LLC, including on-site leased workers
from Belcan Staffing Solutions, Carol Harris Staffing,
LLC, JH Technical & Data Services, and Staff Masters,
Washington, Pennsylvania, 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 16th day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,190
TAYLOR-WHARTON INTERNATIONAL, LLC
SHERWOOD VALVE, LLC
INCLUDING ON-SITE LEASED WORKERS FROM BELCAN STAFFING
SOLUTIONS, CAROL HARRIS STAFFING, LLC, JH TECHNICAL & DATA
SERVICES, AND STAFF MASTERS, INC.
WASHINGTON, PENNSYLVANIA
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 the United Steel Workers of America,
Local 7139-2 on behalf of workers of Taylor-Wharton
International, LLC, Sherwood Valve, LLC, Washington,
Pennsylvania (Sherwood Valve). The worker group includes on-
site leased workers from Belcan Staffing Solutions, Carol
Harris Staffing, LLC, JH Technical & Data Services, and Staff
Masters. The workers produce valves and valve fittings for the
compressed gas and ACR industries.
The investigation revealed that workers of Sherwood Valve
who are engaged in activities related to valve and valve
fitting production meet the criteria for certification.
Criterion I has been met because workers of the subject
are threatened with separations.
Criterion II has been met because the firm shifted
production of like or directly competitive with the articles
produced by the workers to a foreign country.
Criterion III has been met because the shift of valves
and valve fittings to a foreign country by Sherwood Valve
contributed importantly to worker group separations at
Sherwood Valve.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Taylor-Wharton
International, LLC, Sherwood Valve, LLC, including on-site
leased workers from Belcan Staffing Solutions, Carol Harris
Staffing, LLC, JH Technical & Data Services, and Staff
Masters, Washington, Pennsylvania, who are engaged in
activities related to the production of valve and valve fitting
production 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 Taylor-Wharton International, LLC,
Sherwood Valve, LLC, including on-site leased workers
from Belcan Staffing Solutions, Carol Harris Staffing,
LLC, JH Technical & Data Services, and Staff Masters,
Washington, Pennsylvania, 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 16th day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance