Petitioner Type: Workers
Impact Date: 08/04/2008
Filed Date: 08/11/2009
Most Recent Update: 01/07/2010
Determination Date: 01/07/2010
Expiration Date: 01/07/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,985
EATON CORPORATION
ELECTRICAL BUSINESS GROUP - COMMERCIAL DISTRIBUTION
AND CONTROL ASSEMBLIES DIVISION (CDCA)
A SUBSIDIARY OF EATON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM OLSTEN STAFFING AGENCY
SUMTER, SOUTH 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:
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 August 11, 2009, on behalf of workers of Eaton
Corporation, Electrical Business Group - Commercial Distribution
and Control Assemblies Division (CDCA), a subsidiary of Eaton
Corporation, Sumter, South Carolina (Eaton Sumter). The workers
are engaged in employment related to the production of electrical
components. Workers are not separately identifiable by article
produced.
The worker group also includes on-site leased workers from
Olsten Staffing Agency.
The investigation revealed that workers of Eaton Sumter, who
are engaged in activities related to the production of
electrical components meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at Eaton Sumter have become totally or
partially separated during the relevant period.
Criterion II has been met because there has been a shift by
Eaton Sumter to a foreign country in the production of articles
like or directly competitive with those produced by Eaton Sumter.
Criterion III has been met because the shift in production
to Mexico contributed importantly to worker group separations at
Eaton Sumter, Sumter, South Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eaton Corporation,
Electrical Business Group - Commercial Distribution and Control
Assemblies Division (CDCA), a subsidiary of Eaton Corporation,
including on-site leased workers from Olsten Staffing Agency,
Sumter, South Carolina, who are engaged in activities related to
production of electrical 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, Electrical Business Group
- Commercial Distribution and Control Assemblies Division
(CDCA), a subsidiary of Eaton Corporation, including on-site
leased workers from Olsten Staffing Agency, Sumter, South
Carolina, who became totally or partially separated from
employment on or after August 4, 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 7th day of January, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,985
EATON CORPORATION
ELECTRICAL BUSINESS GROUP - COMMERCIAL DISTRIBUTION
AND CONTROL ASSEMBLIES DIVISION (CDCA)
A SUBSIDIARY OF EATON CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM OLSTEN STAFFING AGENCY
SUMTER, SOUTH 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:
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 August 11, 2009, on behalf of workers of Eaton
Corporation, Electrical Business Group - Commercial Distribution
and Control Assemblies Division (CDCA), a subsidiary of Eaton
Corporation, Sumter, South Carolina (Eaton Sumter). The workers
are engaged in employment related to the production of electrical
components. Workers are not separately identifiable by article
produced.
The worker group also includes on-site leased workers from
Olsten Staffing Agency.
The investigation revealed that workers of Eaton Sumter, who
are engaged in activities related to the production of
electrical components meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at Eaton Sumter have become totally or
partially separated during the relevant period.
Criterion II has been met because there has been a shift by
Eaton Sumter to a foreign country in the production of articles
like or directly competitive with those produced by Eaton Sumter.
Criterion III has been met because the shift in production
to Mexico contributed importantly to worker group separations at
Eaton Sumter, Sumter, South Carolina.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eaton Corporation,
Electrical Business Group - Commercial Distribution and Control
Assemblies Division (CDCA), a subsidiary of Eaton Corporation,
including on-site leased workers from Olsten Staffing Agency,
Sumter, South Carolina, who are engaged in activities related to
production of electrical 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, Electrical Business Group
- Commercial Distribution and Control Assemblies Division
(CDCA), a subsidiary of Eaton Corporation, including on-site
leased workers from Olsten Staffing Agency, Sumter, South
Carolina, who became totally or partially separated from
employment on or after August 4, 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 7th day of January, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance