DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,193

TYLER REFRIGERATION COMPANY
A DIVISION OF CARRIER COMMERCIAL REFRIGERATION
INLCUDING LEASED WORKERS FROM MANPOWER,
KELLY SERVICES AND TEK SYSTEMS
NILES, MICHIGAN

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 10, 2009, by a union official from the United
Steel Workers (USW), Local 2-0816, on behalf of workers of
Tyler Refrigeration Company, a Division of Carrier Commercial
Refrigeration, Niles, Michigan (Tyler). The workers produce
commercial refrigeration.
The investigation revealed that workers of Tyler who are
engaged in employment related to commercial refrigeration meet
the criteria for certification.
Criterion I has been met because a significant proportion
of workers was separated within the last year.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of commercial
refrigeration equipment like or directly competitive with
those produced by the workers.
Criterion III has been met because the shift of
commercial refrigeration equipment manufacturing to non-
domestic manufacturing facilities by Carrier Commercial
Refrigeration contributed importantly to worker group
separations at Tyler.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tyler Refrigeration
Company, a Division of Carrier Commercial Refrigeration,
Niles, Michigan, including leased workers from Manpower, Kelly
Services and Tek Systems, who are engaged in employment related
to the production of commercial refrigeration equipment 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 Tyler Refrigeration Company, a Division of
Carrier Commercial Refrigeration, Niles, Michigan,
including leased workers from Manpower, Kelly Services and
Tek Systems, who became totally or partially separated from
employment on or after June 10, 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 28th day of January, 2010.

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