Petitioner Type: State
Impact Date: 08/26/2008
Filed Date: 08/27/2009
Most Recent Update: 10/15/2009
Determination Date: 10/15/2009
Expiration Date: 10/15/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,144
CUMMINS FILTRATION
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER AND SPHERION STAFFING
INCLUDING ON-SITE WORKERS FROM
HAGEMEYER NORTH AMERICA
LAKE MILLS, IOWA
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 October 15, 2009, applicable to workers of Cummins
Filtration, including on-site leased workers from Manpower, Lake
Mills, Iowa. The notice was published in the Federal Register on
December 11, 2009 (74 FR 65798).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of oil and fuel filters, Stratpore
media and other metal components for engines.
New information shows that workers from Hagemeyer North
America were employed on-site at the Lake Mills, Iowa location of
Cummins Filtration to provide procurement and inventory
management services for the subject firm. Information also shows
that workers leased from Spherion Staffing were employed on-site
at the Lake Mills, Iowa location of Cummins Filtration. The
Department has determined that workers from Spherion Staffing
were sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers from Hagemeyer North America and
leased workers from Spherion Staffing working on-site at the Lake
Mills, Iowa location of Cummins Filtration.
The amended notice applicable to TA-W-72,144 is hereby
issued as follows:
"All workers of Cummins Filtration, including on-site
leased workers from Manpower and Spherion Staffing and
including on-site workers from Hagemeyer North America,
Lake Mills, Iowa, who became totally or partially
separated from employment on or after August 26, 2008
through October 15, 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 at Washington, D.C. this 4th day of May, 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-72,144
CUMMINS FILTRATION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
LAKE MILLS, IOWA
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 August 27, 2009 by the State Workforce Office on behalf of
workers of Cummins Filtration, Lake Mills, Iowa. The workers
produce oil and fuel filters, Stratpore media and other metal
components for engines. The worker group also includes on-site
leased workers from Manpower.
The investigation revealed that workers of Cummins Filtration
who are engaged in employment related to production of oil and
fuel filters, Stratpore media, and metal components meet the
criteria for certification.
Criterion I has been met because a significant portion of
workers of the subject firm have been threatened with separations
during the relevant period.
Criterion II has been satisfied because the worker’s firm is
shifting the production of articles like or directly competitive
with articles manufactured by the workers to a foreign country.
Criterion III has been met because the shift in production
of oil and fuel filters to Mexico by Cummins Filtration
contributed importantly to worker group threat of separations at
Cummins Filtration.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cummins Filtration,
including on-site leased workers from Manpower, Lake Mills, Iowa,
who are engaged in activities related to the production of oil and
fuel filters, Stratpore media, metal 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 Cummins Filtration, including on-site leased
workers from Manpower, Lake Mills Iowa, who support Cummins
Filtration, who became totally or partially separated from
employment on or after August 26, 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 15th day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-72,144
CUMMINS FILTRATION
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER AND SPHERION STAFFING
INCLUDING ON-SITE WORKERS FROM
HAGEMEYER NORTH AMERICA
LAKE MILLS, IOWA
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 October 15, 2009, applicable to workers of Cummins
Filtration, including on-site leased workers from Manpower, Lake
Mills, Iowa. The notice was published in the Federal Register on
December 11, 2009 (74 FR 65798).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of oil and fuel filters, Stratpore
media and other metal components for engines.
New information shows that workers from Hagemeyer North
America were employed on-site at the Lake Mills, Iowa location of
Cummins Filtration to provide procurement and inventory
management services for the subject firm. Information also shows
that workers leased from Spherion Staffing were employed on-site
at the Lake Mills, Iowa location of Cummins Filtration. The
Department has determined that workers from Spherion Staffing
were sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers from Hagemeyer North America and
leased workers from Spherion Staffing working on-site at the Lake
Mills, Iowa location of Cummins Filtration.
The amended notice applicable to TA-W-72,144 is hereby
issued as follows:
"All workers of Cummins Filtration, including on-site
leased workers from Manpower and Spherion Staffing and
including on-site workers from Hagemeyer North America,
Lake Mills, Iowa, who became totally or partially
separated from employment on or after August 26, 2008
through October 15, 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 at Washington, D.C. this 4th day of May, 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-72,144
CUMMINS FILTRATION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
LAKE MILLS, IOWA
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 August 27, 2009 by the State Workforce Office on behalf of
workers of Cummins Filtration, Lake Mills, Iowa. The workers
produce oil and fuel filters, Stratpore media and other metal
components for engines. The worker group also includes on-site
leased workers from Manpower.
The investigation revealed that workers of Cummins Filtration
who are engaged in employment related to production of oil and
fuel filters, Stratpore media, and metal components meet the
criteria for certification.
Criterion I has been met because a significant portion of
workers of the subject firm have been threatened with separations
during the relevant period.
Criterion II has been satisfied because the worker’s firm is
shifting the production of articles like or directly competitive
with articles manufactured by the workers to a foreign country.
Criterion III has been met because the shift in production
of oil and fuel filters to Mexico by Cummins Filtration
contributed importantly to worker group threat of separations at
Cummins Filtration.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cummins Filtration,
including on-site leased workers from Manpower, Lake Mills, Iowa,
who are engaged in activities related to the production of oil and
fuel filters, Stratpore media, metal 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 Cummins Filtration, including on-site leased
workers from Manpower, Lake Mills Iowa, who support Cummins
Filtration, who became totally or partially separated from
employment on or after August 26, 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 15th day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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