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TAW-71625  /  Eaton Corporation (Shawnee, OK)

Petitioner Type: Workers
Impact Date: 07/01/2008
Filed Date: 07/10/2009
Most Recent Update: 01/19/2010
Determination Date: 01/19/2010
Expiration Date: 01/19/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,625

EATON CORPORATION
FLUID POWER GROUP, HYDRAULICS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
SHAWNEE, OKLAHOMA


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 July 9, 2009 by three workers on behalf of workers of
Eaton Corporation, Fluid Power Group, Hydraulics Division,
Shawnee, Oklahoma. The workers produce hydraulic motors and
hydraulic motor components. The worker group includes on-site
leased workers from Manpower.
The investigation revealed that workers of Eaton
Corporation, Fluid Power Group, Hydraulics Division, who are
engaged in employment related to production of hydraulic motors
and hydraulic motor components meet the criteria for
certification.
Criterion I has been met because a significant proportion
of workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with the articles produced by the workers.
Criterion III has been met because the shift in
acquisition of hydraulic motors and hydraulic motor components
from China and India by Eaton Corporation, Fluid Power Group,
Hydraulics Division, contributed importantly to worker group
separations at the Santa Shawnee, Oklahoma facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eaton Corporation,
Fluid Power Group, Hydraulics Division, Shawnee, Oklahoma,
including on-site leased workers from Manpower, who are engaged
in employment related to production of hydraulic motors and
hydraulic motor 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 Eaton Corporation, Fluid Power Group,
Hydraulics Division, Shawnee, Oklahoma, including on-site
leased workers from Manpower, who became totally or
partially separated from employment on or after July 9,
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 19th day of January, 2010

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