Petitioner Type: Unknown
Impact Date: 07/12/2008
Filed Date: 07/16/2009
Most Recent Update: 03/26/2010
Determination Date: 03/26/2010
Expiration Date: 03/26/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,704
HART and COOLEY, INC.
A SUBSIDIARY OF TOMKINS PLC
INCLUDING ON-SITE LEASED WORKERS FROM
RELIABLE, MASIELLO EMPLOYMENT SERVICES, HARMON
PERSONNEL SERVICES AND COMMUNITY ENTERPRISES
TURNERS FALLS, MASSSACHUSETTS
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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed by a One-Stop Operator/Partner official on July 16, 2009
on behalf of workers of Hart and Cooley, Inc., a subsidiary of
Tomkins, PLC, Turners Falls, Massachusetts (Hart and Cooley
Inc.). Workers at the subject firm are engaged in activities
related to the production of air distribution and ventilation
products. The workers are not separately identifiable by
product.
The investigation revealed that the worker group at the
subject firm includes on-site leased workers from Reliable,
Masiello Employment Services, Harmon Personnel Services and
Community Enterprises.
The investigation further revealed that workers of Hart and
Cooley, Inc., a subsidiary of Tomkins, PLC, including on-site
leased workers from Reliable, Masiello Employment Services,
Harmon Personnel Services and Community Enterprises, Turners
Falls, Massachusetts who are engaged in employment related to
the production of air distribution and ventilation products meet
the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of air distribution and ventilation products
by the subject firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with air distribution and
ventilation products produced by Hart and Cooley Inc. have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customers regarding
their purchases of Hart and Cooley Inc. during the relevant
period. The survey revealed increased customer reliance on air
distribution and ventilation products.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of air distribution and ventilation
products by customer of Hart and Cooley Inc. contributed
importantly to the worker group separations and
sales/production declines at Hart and Cooley Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hart and Cooley,
Inc., a subsidiary of Tomkins, PLC, including on-site leased
workers from Reliable, Masiello Employment Services, Harmon
Personnel Services and Community Enterprises, Turners Falls,
Massachusetts, who are engaged in activities related to the
production of air distribution and ventilation products 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 Hart and Cooley, Inc., a subsidiary of
Tomkins, PLC, including on-site leased workers from
Reliable, Masiello Employment Services, Harmon Personnel
Services and Community Enterprises, Turners Falls,
Massachusetts, who became totally or partially separated
from employment on or after July 12, 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 26th day of March 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,704
HART and COOLEY, INC.
A SUBSIDIARY OF TOMKINS PLC
INCLUDING ON-SITE LEASED WORKERS FROM
RELIABLE, MASIELLO EMPLOYMENT SERVICES, HARMON
PERSONNEL SERVICES AND COMMUNITY ENTERPRISES
TURNERS FALLS, MASSSACHUSETTS
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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed by a One-Stop Operator/Partner official on July 16, 2009
on behalf of workers of Hart and Cooley, Inc., a subsidiary of
Tomkins, PLC, Turners Falls, Massachusetts (Hart and Cooley
Inc.). Workers at the subject firm are engaged in activities
related to the production of air distribution and ventilation
products. The workers are not separately identifiable by
product.
The investigation revealed that the worker group at the
subject firm includes on-site leased workers from Reliable,
Masiello Employment Services, Harmon Personnel Services and
Community Enterprises.
The investigation further revealed that workers of Hart and
Cooley, Inc., a subsidiary of Tomkins, PLC, including on-site
leased workers from Reliable, Masiello Employment Services,
Harmon Personnel Services and Community Enterprises, Turners
Falls, Massachusetts who are engaged in employment related to
the production of air distribution and ventilation products meet
the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of air distribution and ventilation products
by the subject firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with air distribution and
ventilation products produced by Hart and Cooley Inc. have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customers regarding
their purchases of Hart and Cooley Inc. during the relevant
period. The survey revealed increased customer reliance on air
distribution and ventilation products.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of air distribution and ventilation
products by customer of Hart and Cooley Inc. contributed
importantly to the worker group separations and
sales/production declines at Hart and Cooley Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hart and Cooley,
Inc., a subsidiary of Tomkins, PLC, including on-site leased
workers from Reliable, Masiello Employment Services, Harmon
Personnel Services and Community Enterprises, Turners Falls,
Massachusetts, who are engaged in activities related to the
production of air distribution and ventilation products 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 Hart and Cooley, Inc., a subsidiary of
Tomkins, PLC, including on-site leased workers from
Reliable, Masiello Employment Services, Harmon Personnel
Services and Community Enterprises, Turners Falls,
Massachusetts, who became totally or partially separated
from employment on or after July 12, 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 26th day of March 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance