Petitioner Type: Company
Impact Date: 05/21/2008
Filed Date: 05/22/2009
Most Recent Update: 09/01/2009
Determination Date: 09/01/2009
Expiration Date: 09/01/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,486
ECLIPSE MANUFACTURING COMPANY
PIKEVILLE, TENNESSEE
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 22, 2009 by a company official on behalf of
workers of Eclipse Manufacturing Company, Pikeville, Tennessee
(Eclipse). The workers produce stampings and welded
assemblies.
The investigation revealed that workers of Eclipse who are
engaged in employment related to stampings and welded
assemblies meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because workers of
Eclipse produced and supplied metal stampings to Tecumseh
Power Company to be incorporated into small gasoline engines.
Workers of Tecumseh Power Company in Dunlap, Tennessee are
covered by Trade Adjustment Assistance certification (TA-W-
65,304, certified on May 6, 2009) based on company imports of
small gas engines and parts.
Criterion III has been met because Eclipse is a supplier
of stampings and welded assemblies to Tecumseh Power Company,
Dunlap, Tennessee and accounted for at least 20 percent of the
sales by Eclipse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eclipse Manufacturing
Company, Pikeville, Tennessee, who are engaged in employment
related to production of stampings and welded assemblies, 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 Eclipse Manufacturing Company, Pikeville,
Tennessee, who became totally or partially separated from
employment on or after May 21, 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 1st day of September, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,486
ECLIPSE MANUFACTURING COMPANY
PIKEVILLE, TENNESSEE
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 22, 2009 by a company official on behalf of
workers of Eclipse Manufacturing Company, Pikeville, Tennessee
(Eclipse). The workers produce stampings and welded
assemblies.
The investigation revealed that workers of Eclipse who are
engaged in employment related to stampings and welded
assemblies meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because workers of
Eclipse produced and supplied metal stampings to Tecumseh
Power Company to be incorporated into small gasoline engines.
Workers of Tecumseh Power Company in Dunlap, Tennessee are
covered by Trade Adjustment Assistance certification (TA-W-
65,304, certified on May 6, 2009) based on company imports of
small gas engines and parts.
Criterion III has been met because Eclipse is a supplier
of stampings and welded assemblies to Tecumseh Power Company,
Dunlap, Tennessee and accounted for at least 20 percent of the
sales by Eclipse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eclipse Manufacturing
Company, Pikeville, Tennessee, who are engaged in employment
related to production of stampings and welded assemblies, 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 Eclipse Manufacturing Company, Pikeville,
Tennessee, who became totally or partially separated from
employment on or after May 21, 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 1st day of September, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance