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TAW-71061  /  Elkay Manufacturing Company (Oak Brook, IL)

Petitioner Type: Company
Impact Date: 06/08/2008
Filed Date: 06/09/2009
Most Recent Update: 12/04/2009
Determination Date: 12/04/2009
Expiration Date: 12/04/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,061

ELKAY MANUFACTURING COMPANY
CORPORATE HEADQUARTERS
INCLUDING ON-SITE LEASED WORKERS OF ACCOUNTEMPS
OAK BROOK, ILLINOIS

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 9, 2009 by a company official on behalf of workers
of Elkay Manufacturing Company, Corporate Headquarters, Oak
Brook, Illinois. The workers are engaged in employment related
to the manufacturing of steel sinks and sculleries. The Oak
Brook Corporate Office is the subject firm's headquarters
providing human resources, management, and accounting services
to their affiliated production sites. The worker group
includes on-site leased workers of Accountemps.
Workers of the subject firm supported production at Elkay
Manufacturing Company manufacturing affiliates, including
Elkay Manufacturing Company, Broadview, Illinois. Workers at
this facility were certified eligible to apply for Trade
Adjustment Assistance on December 29, 2008 based on a shift in
production of steel sinks and sculleries to China (TA-W-64,664).
Workers of the subject firm who are engaged in employment
related to the manufacturing of stainless steel sinks meet the
criteria for certification.
Criterion I has been met because a significant portion of
the workers have been separated.
Criterion II has been satisfied because the workers' firm
has shifted the production of an article like or directly
competitive with stainless steel sinks to a foreign country.
Criterion III has been met because the shift of
production of stainless steel sinks from the subject firm to
China contributed importantly to worker group separations at
the Oak Brook Corporate Office.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Elkay Manufacturing
Company, Corporate Headquarters, including on-site leased
workers of Accountemps, Oak Brook, Illinois who are engaged in
employment related to the production of stainless steel sinks
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 Elkay Manufacturing Company, Corporate
Headquarters, including on-site leased workers of
Accountemps, Oak Brook, Illinois who became totally or
partially separated from employment on or after June 8,
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 4th day of December, 2009


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