Petitioner Type: Company
Impact Date: 07/01/2008
Filed Date: 07/02/2009
Most Recent Update: 07/31/2009
Determination Date: 07/31/2009
Expiration Date: 07/31/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,523
SA INDUSTRIES 2, INC.
FORMERLY KNOWN AS
GATES CORPORATION
FLUID POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
CORPORATE SERVICES, INC., AND THE WORKPLACE, INC.
ROCKFORD, ILLINOIS
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on July 31, 2009, applicable to workers of
Gates Corporation, Fluid Power Division, a subdivision of
Tomkins PLC, including on-site leased workers from Corporate
Services, Inc. and The Workplace, Inc., Rockford, Illinois. The
notice was published in the Federal Register on September 22,
2009 (74 FR 48304).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of hydraulic hose coupling
components.
New information shows that in early October 2010, SA
Industries 2, Inc. purchased the business of the Rockford,
Illinois location of the Gates Corporation, Fluid Power
Division, a subsidiary of Tomkins PLC and is now known only as
SA Industries 2, Inc. Since the October purchase, the Rockford,
Illinois location is no longer referred to as the Fluid Power
Division or is a subsidiary of Tomkins PLC. The on-site leased
workers from Corporate Services, Inc., and The Workplace, Inc.
are no longer employed at the Rockford, Illinois location of SA
Industries 2, Inc., formerly known as Gates Corporation, Fluid
Power Division, a subsidiary of Tomkins PLC.
Accordingly, the Department is amending this certification
to properly reflect these matters.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in the production of hydraulic hose coupling components to
Mexico.
The amended notice applicable to TA-W-71,523 is hereby
issued as follows:
“All workers of SA Industries 2, Inc., formerly known as
Gates Corporation, Fluid Power Division, a subsidiary of
Tomkins PLC, Rockford Illinois, who became totally or
partially separated from employment on or after July 1,
2008, through July 31, 2011, 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 October 2010.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,523
GATES CORPORATION
FLUID POWER DIVISION
A SUBSIDIARY OF TOMKINS PLC
INCLUDING ON-SITE LEASED WORKERS FROM
CORPORATE SERVICES, INC. AND THE WORKPLACE INC.
ROCKFORD, 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. (Set forth in 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 July 2, 2009 by a company official on behalf of
workers of Gates Corporation, Fluid Power Division, a subsidiary
of Tomkins PLC, Rockford, Illinois. The workers are engaged in
activities related to the production of hydraulic hose coupling
components. The workers are not separately identifiable by
products produced. The worker group also includes on-site leased
workers from Corporate Services, Inc. and The Workplace Inc.
The investigation revealed that workers of Gates
Corporation, Fluid Power Division, a subsidiary of Tomkins PLC,
Rockford, Illinois who are engaged in activities related to the
production of hydraulic hose coupling components meet the
criteria for certification.
Criterion I has been met because at least 5 percent of
workers in the workers’ firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of hydraulic hose coupling components by
Gates Corporation, Fluid Power Division, a subsidiary of Tomkins
PLC, Rockford, Illinois to Mexico.
Criterion III has been met because the shift in production
of hydraulic hose coupling components by Gates Corporation,
Fluid Power Division, a subsidiary of Tomkins PLC, Rockford,
Illinois to Mexico contributed importantly to worker group
separations at Gates Corporation, Fluid Power Division, a
subsidiary of Tomkins PLC, Rockford, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gates Corporation,
Fluid Power Division, a subsidiary of Tomkins PLC, including on-
site leased workers from Corporate Services, Inc. and The
Workplace Inc., Rockford, Illinois, who are engaged in
employment related to production of hydraulic hose coupling
components, 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 Gates Corporation, Fluid Power Division, a
subsidiary of Tomkins PLC, including on-site leased workers
from Corporate Services, Inc. and The Workplace Inc.,
Rockford, Illinois, who became totally or partially
separated from employment on or after July 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 31st day of July, 2009
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
7
Employment and Training Administration
TA-W-71,523
SA INDUSTRIES 2, INC.
FORMERLY KNOWN AS
GATES CORPORATION
FLUID POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
CORPORATE SERVICES, INC., AND THE WORKPLACE, INC.
ROCKFORD, ILLINOIS
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on July 31, 2009, applicable to workers of
Gates Corporation, Fluid Power Division, a subdivision of
Tomkins PLC, including on-site leased workers from Corporate
Services, Inc. and The Workplace, Inc., Rockford, Illinois. The
notice was published in the Federal Register on September 22,
2009 (74 FR 48304).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of hydraulic hose coupling
components.
New information shows that in early October 2010, SA
Industries 2, Inc. purchased the business of the Rockford,
Illinois location of the Gates Corporation, Fluid Power
Division, a subsidiary of Tomkins PLC and is now known only as
SA Industries 2, Inc. Since the October purchase, the Rockford,
Illinois location is no longer referred to as the Fluid Power
Division or is a subsidiary of Tomkins PLC. The on-site leased
workers from Corporate Services, Inc., and The Workplace, Inc.
are no longer employed at the Rockford, Illinois location of SA
Industries 2, Inc., formerly known as Gates Corporation, Fluid
Power Division, a subsidiary of Tomkins PLC.
Accordingly, the Department is amending this certification
to properly reflect these matters.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in the production of hydraulic hose coupling components to
Mexico.
The amended notice applicable to TA-W-71,523 is hereby
issued as follows:
“All workers of SA Industries 2, Inc., formerly known as
Gates Corporation, Fluid Power Division, a subsidiary of
Tomkins PLC, Rockford Illinois, who became totally or
partially separated from employment on or after July 1,
2008, through July 31, 2011, 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 October 2010.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,523
GATES CORPORATION
FLUID POWER DIVISION
A SUBSIDIARY OF TOMKINS PLC
INCLUDING ON-SITE LEASED WORKERS FROM
CORPORATE SERVICES, INC. AND THE WORKPLACE INC.
ROCKFORD, 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. (Set forth in 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 July 2, 2009 by a company official on behalf of
workers of Gates Corporation, Fluid Power Division, a subsidiary
of Tomkins PLC, Rockford, Illinois. The workers are engaged in
activities related to the production of hydraulic hose coupling
components. The workers are not separately identifiable by
products produced. The worker group also includes on-site leased
workers from Corporate Services, Inc. and The Workplace Inc.
The investigation revealed that workers of Gates
Corporation, Fluid Power Division, a subsidiary of Tomkins PLC,
Rockford, Illinois who are engaged in activities related to the
production of hydraulic hose coupling components meet the
criteria for certification.
Criterion I has been met because at least 5 percent of
workers in the workers’ firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of hydraulic hose coupling components by
Gates Corporation, Fluid Power Division, a subsidiary of Tomkins
PLC, Rockford, Illinois to Mexico.
Criterion III has been met because the shift in production
of hydraulic hose coupling components by Gates Corporation,
Fluid Power Division, a subsidiary of Tomkins PLC, Rockford,
Illinois to Mexico contributed importantly to worker group
separations at Gates Corporation, Fluid Power Division, a
subsidiary of Tomkins PLC, Rockford, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gates Corporation,
Fluid Power Division, a subsidiary of Tomkins PLC, including on-
site leased workers from Corporate Services, Inc. and The
Workplace Inc., Rockford, Illinois, who are engaged in
employment related to production of hydraulic hose coupling
components, 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 Gates Corporation, Fluid Power Division, a
subsidiary of Tomkins PLC, including on-site leased workers
from Corporate Services, Inc. and The Workplace Inc.,
Rockford, Illinois, who became totally or partially
separated from employment on or after July 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 31st day of July, 2009
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
7