Petitioner Type: Workers
Impact Date: 07/30/2008
Filed Date: 07/31/2009
Most Recent Update: 05/27/2010
Determination Date: 05/27/2010
Expiration Date: 05/27/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,871
WATTS REGULATOR
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT CONTROL
D/B/A EMPLOYMENT STAFFING, INC.
SPINDALE, NORTH CAROLINA
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 May 27, 2010, applicable to workers of
Watts Regulator, including on-site leased workers from
Employment Staffing, Inc., Spindale, North Carolina. The notice
was published in the Federal Register on June 16, 2010 (75 FR
34174).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of valves,
flexible PVC tubing, and injection molded rigid PVC tubing.
New information shows that on-site leased workers from
Employment Staffing, Inc. separated from employment at the
Spindale, North Carolina location of Watts Regulator, had their
wages reported under a separate unemployment insurance (UI) tax
account under their parent firm, Employment Control, D/B/A
Employment Staffing.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased customer imports of valves, flexible PVC tubing and
injection molded rigid PVC tubing.
The amended notice applicable to TA-W-71,871 is hereby
issued as follows:
“All workers of Watts Regulator, including on-site leased
workers from Employment Control, d/b/a Employment Staffing,
Inc., Spindale, North Carolina, who became totally or
partially separated from employment on or after July 30,
2008, through May 27, 2012, 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 21st 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-71,871
WATTS REGULATOR
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT STAFFING INC.
SPINDALE, NORTH CAROLINA
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 on July 31, 2009 on behalf of workers Watts Regulator,
Spindale, North Carolina (Watts Regulator). Workers at the
subject firm are engaged in activities related to the production
of valves, flexible PVC tubing, and injection molded rigid PVC
tubing. 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 Employment Staffing
Inc.
The investigation further revealed that workers of Watts
Regulator who are engaged in employment related to the
production of valves, flexible PVC tubing, and injection
molded rigid PVC tubing 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 valves, flexible PVC tubing, and
injection molded rigid PVC tubing 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 valves, flexible
PVC tubing, and injection molded rigid PVC tubing produced by
Watts Regulator have increased. Specifically, the Department of
Labor conducted a sample survey of the subject firm’s major
declining customers regarding their purchases of valves,
flexible PVC tubing, and injection molded rigid PVC tubing
during the relevant period. The survey revealed increased
customer reliance on imported valves, flexible PVC tubing, and
injection molded rigid PVC tubing.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of valves, flexible PVC tubing, and
injection molded rigid PVC tubing by customers of Watts
Regulator contributed importantly to the worker group
separations and sales/production declines at Watts Regulator.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Watts Regulator,
including on-site leased workers from Employment Staffing Inc.,
Spindale, North Carolina, who are engaged in activities related
to the production of valves, flexible PVC tubing, and
injection molded rigid PVC tubing 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 Watts Regulator, including on-site leased
workers from Employment Staffing Inc., Spindale, North
Carolina, who became totally or partially separated from
employment on or after July 30, 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 27th day of May 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
2
Employment and Training Administration
TA-W-71,871
WATTS REGULATOR
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT CONTROL
D/B/A EMPLOYMENT STAFFING, INC.
SPINDALE, NORTH CAROLINA
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 May 27, 2010, applicable to workers of
Watts Regulator, including on-site leased workers from
Employment Staffing, Inc., Spindale, North Carolina. The notice
was published in the Federal Register on June 16, 2010 (75 FR
34174).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of valves,
flexible PVC tubing, and injection molded rigid PVC tubing.
New information shows that on-site leased workers from
Employment Staffing, Inc. separated from employment at the
Spindale, North Carolina location of Watts Regulator, had their
wages reported under a separate unemployment insurance (UI) tax
account under their parent firm, Employment Control, D/B/A
Employment Staffing.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased customer imports of valves, flexible PVC tubing and
injection molded rigid PVC tubing.
The amended notice applicable to TA-W-71,871 is hereby
issued as follows:
“All workers of Watts Regulator, including on-site leased
workers from Employment Control, d/b/a Employment Staffing,
Inc., Spindale, North Carolina, who became totally or
partially separated from employment on or after July 30,
2008, through May 27, 2012, 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 21st 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-71,871
WATTS REGULATOR
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT STAFFING INC.
SPINDALE, NORTH CAROLINA
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 on July 31, 2009 on behalf of workers Watts Regulator,
Spindale, North Carolina (Watts Regulator). Workers at the
subject firm are engaged in activities related to the production
of valves, flexible PVC tubing, and injection molded rigid PVC
tubing. 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 Employment Staffing
Inc.
The investigation further revealed that workers of Watts
Regulator who are engaged in employment related to the
production of valves, flexible PVC tubing, and injection
molded rigid PVC tubing 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 valves, flexible PVC tubing, and
injection molded rigid PVC tubing 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 valves, flexible
PVC tubing, and injection molded rigid PVC tubing produced by
Watts Regulator have increased. Specifically, the Department of
Labor conducted a sample survey of the subject firm’s major
declining customers regarding their purchases of valves,
flexible PVC tubing, and injection molded rigid PVC tubing
during the relevant period. The survey revealed increased
customer reliance on imported valves, flexible PVC tubing, and
injection molded rigid PVC tubing.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of valves, flexible PVC tubing, and
injection molded rigid PVC tubing by customers of Watts
Regulator contributed importantly to the worker group
separations and sales/production declines at Watts Regulator.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Watts Regulator,
including on-site leased workers from Employment Staffing Inc.,
Spindale, North Carolina, who are engaged in activities related
to the production of valves, flexible PVC tubing, and
injection molded rigid PVC tubing 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 Watts Regulator, including on-site leased
workers from Employment Staffing Inc., Spindale, North
Carolina, who became totally or partially separated from
employment on or after July 30, 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 27th day of May 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
2