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TAW-70914  /  Gilmour Manufacturing Company (Louisville, KY)

Petitioner Type: Company
Impact Date: 06/01/2008
Filed Date: 06/03/2009
Most Recent Update: 06/23/2009
Determination Date: 06/23/2009
Expiration Date: 06/23/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,914

GILMOUR MANUFACTURING COMPANY
DIVISION OF ROBERT BOSCH TOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
RUGIERRI ENTERPRISES (DBA SPHERION),
ADECCO EMPLOYMENT SERVICES, AND KELLY SERVICES
SOMERSET, 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 June 3, 2009, by a company official on behalf of
workers of Gilmour Manufacturing Company, Division of Robert
Bosch Tool Corporation, Somerset, Pennsylvania. The worker
group also includes on-site leased workers of Rugierri
Enterprises (dba Spherion), Adecco Employment Services, and
Kelly Services. The workers at the subject facility produced
garden tools (hose end products, tank sprayers, and garden
hose). The petition alleged that the subject firm is in the
process of shifting production to China.
The investigation revealed that workers of Gilmour
Manufacturing Company, Division of Robert Bosch Tool
Corporation, Somerset, Pennsylvania, who are engaged in the
production of garden tools (hose end products, tank sprayers,
and garden hose) meet the criteria for certification.
Criterion I has been met because more than five percent
of the subject firm work force will be laid off.
Criterion II has been satisfied because the workers' firm
has shifted to China the production of an article like and
directly competitive with the article produced by the workers.
Criterion III has been met because the shift of
production of garden tools (hose end products, tank sprayers,
and garden hose) to China by Gilmour Manufacturing Company,
Division of Robert Bosch Tool Corporation, Somerset,
Pennsylvania, contributed importantly to worker group
separations at Gilmour Manufacturing Company, Division of
Robert Bosch Tool Corporation, Somerset, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gilmour Manufacturing
Company, Division of Robert Bosch Tool Corporation, including
on-site leased workers of Rugierri Enterprises (dba Spherion),
Adecco Employment Services, and Kelly Services, Somerset,
Pennsylvania, who are engaged in employment related to the
production of garden tools (hose end products, tank sprayers,
and garden hose) 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 Gilmour Manufacturing Company, Division of
Robert Bosch Tool Corporation, including on-site leased
workers of Rugierri Enterprises (dba Spherion), Adecco
Employment Services, and Kelly Services, Somerset,
Pennsylvania, who became totally or partially separated
from employment on or after June 1, 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 23rd day of June, 2009.


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