Petitioner Type: Company
Impact Date: 06/11/2008
Filed Date: 06/12/2009
Most Recent Update: 12/09/2009
Determination Date: 12/09/2009
Expiration Date: 12/09/2011
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,196
INVENSYS PROCESS SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM CDI CORPORATION
FOXBORO, MASSACHUSETTS
TA-W-71,196A
INVENSYS PROCESS SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM CDI CORPORATION
IRVINE, CALIFORNIA
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 by a company official on June 12, 2009 on behalf of
workers of Invensys Process Systems, Foxboro, Massachusetts
(TA-W-71,196) and Irvine, California (TA-W-71,196A). The workers
are engaged in the production of industrial automation and
control systems. The worker groups at both locations include
on-site leased workers from CDI Corporation.
The investigation revealed that workers of Invensys Process
Systems who are engaged in employment related to industrial
automation and control systems meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated in the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production of industrial automation and control systems to
Mexico by Invensys Process Systems contributed importantly to
worker group separations at the Foxboro, Massachusetts and
Irvine, California facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Invensys Process
Systems, Foxboro, Massachusetts (TA-W-71,196) and Irvine,
California (TA-W-71,196A), who are engaged in employment related
to production of automation and control systems 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 Invensys Process Systems, including on-
site leased workers from CDI Corporation, Foxboro,
Massachusetts (TA-W-71,196) and Irvine, California (TA-W-
71,196A), who became totally or partially separated from
employment on or after June 11, 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 9th day of December, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,196
INVENSYS PROCESS SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM CDI CORPORATION
FOXBORO, MASSACHUSETTS
TA-W-71,196A
INVENSYS PROCESS SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM CDI CORPORATION
IRVINE, CALIFORNIA
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 by a company official on June 12, 2009 on behalf of
workers of Invensys Process Systems, Foxboro, Massachusetts
(TA-W-71,196) and Irvine, California (TA-W-71,196A). The workers
are engaged in the production of industrial automation and
control systems. The worker groups at both locations include
on-site leased workers from CDI Corporation.
The investigation revealed that workers of Invensys Process
Systems who are engaged in employment related to industrial
automation and control systems meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated in the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production of industrial automation and control systems to
Mexico by Invensys Process Systems contributed importantly to
worker group separations at the Foxboro, Massachusetts and
Irvine, California facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Invensys Process
Systems, Foxboro, Massachusetts (TA-W-71,196) and Irvine,
California (TA-W-71,196A), who are engaged in employment related
to production of automation and control systems 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 Invensys Process Systems, including on-
site leased workers from CDI Corporation, Foxboro,
Massachusetts (TA-W-71,196) and Irvine, California (TA-W-
71,196A), who became totally or partially separated from
employment on or after June 11, 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 9th day of December, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance