Certified
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TAW-70628  /  Ingersoll Rand (Davidson, NC)

Petitioner Type: Workers
Impact Date: 05/19/2008
Filed Date: 05/27/2009
Most Recent Update: 08/18/2009
Determination Date: 08/18/2009
Expiration Date: 08/18/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,628

INGERSOLL RAND
INDUSTRIAL TECHNOLOGIES SECTOR
DAVIDSON OPERATIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
DAVIDSON, NORTH CAROLINA

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 27, 2009 by a group of workers on behalf of
workers of Ingersoll Rand, Industrial Technologies Sector,
Davidson Operations Division, Davidson, North Carolina
(Ingersoll Rand). The workers produce air compressors.
The worker group also consists of on-site leased workers
from Adecco.
The investigation revealed that workers of Ingersoll Rand
who are engaged in employment related to the production of air
compressors meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Ingersoll Rand have been separated
based on April 2009 employment levels compared to employment
levels of April 2008.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of an article like
or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift of air
compressors to China by Ingersoll Rand contributed importantly
to worker group separations at Ingersoll Rand, Industrial
Technologies Sector, Davidson Operations Division, Davidson,
North Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ingersoll Rand,
Industrial Technologies Sector, Davidson Operations Division,
Davidson, North Carolina, who are engaged in employment related
to air compressors 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 Ingersoll Rand, Industrial Technologies
Sector, Davidson Operations Division, Davidson, North
Carolina including on-site leased workers from Adecco, who
became totally or partially separated from employment on or
after May 19, 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 18th day of August, 2009.


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