Certified
« back to search results

TAW-71344  /  B.W. Elliott Manufacturing Company, LLC (Binghamton, NY)

Petitioner Type: Company
Impact Date: 06/19/2008
Filed Date: 06/22/2009
Most Recent Update: 12/16/2009
Determination Date: 12/16/2009
Expiration Date: 12/16/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,344

B.W. ELLIOTT MANUFACTURING COMPANY, LLC
INCLUDING ON-SITE LEASED WORKERS FROM ENTERFORCE,
EASTERN TEMP SERVICE, AND ADECCO EMPLOYMENT SERVICES
BINGHAMTON, NEW YORK

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 worker
petition filed on June 22, 2009 on behalf of workers of B.W.
Elliott Manufacturing Company, LLC, Binghamton, New York. The
workers are engaged in the production of a variety of remote
operating gear. Workers are not separately identifiable by
specific product line. The worker group includes on-site
leased workers from Enterforce, Eastern Temp Service, and
Adecco Employment Services.
The investigation revealed that workers of B.W. Elliott
Manufacturing Company, LLC, who are engaged in employment
related to remote operating gear, meet the criteria for
certification.
Criterion I has been met because a significant number or
portion 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 a portion of the production of
articles like or directly competitive with the articles
produced by the workers.
Criterion III has been met because the shift of
production of flexible shafts to Mexico by B.W. Elliott
Manufacturing Company, LLC contributed importantly to worker
group separations at B.W. Elliott Manufacturing Company, LLC,
Binghamton, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of B.W. Elliott
Manufacturing Company, LLC, Binghamton, New York, 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 B.W. Elliott Manufacturing Company, LLC,
including on-site leased workers from Enterforce, Eastern
Temp Service, and Adecco Employment Services, Binghamton,
New York, who became totally or partially separated from
employment on or after June 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 16th day of December, 2009

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance