DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,411

EMERSON POWER TRANSMISSION
A DIVISION OF EMERSON ELECTRIC CO.
INCLUDING ON-SITE LEASED FROM
CHALLENGE INDUSTRIES, MANPOWER, MORRIS PROTECTIVE SERVICES,
ROGAN’S CORNERS, AND ADECCO
ITHACA, NEW YORK


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 13, 2010, applicable to workers of
Emerson Power Transmission, a Division of Emerson Electric Co.,
including on-site leased workers from Challenge Industries,
Manpower, Morris Protective Services and Rogan’s Corners,
Ithaca, New York. The notice was published in the Federal
Register on May 28, 2010 (75 FR 30067).
At the request of the company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
industrial chains, clutches, unmounted bearings, and mounted
bearings.
The company reports that workers leased from Adecco were
employed on-site at the Ithaca, New York, location of Emerson
Power Transmission, a Division of Emerson Electric Co. The
Department has determined that these workers 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 leased workers from Adecco working on-
site at the Ithaca, New York, location of Emerson Power
Transmission, a Division of Emerson Electric Co.


The amended notice applicable to TA-W-72,411 is hereby
issued as follows:
“All workers of Emerson Power Transmission, a division of
Emerson Electric Company, including on-site leased workers
from Challenge Industries, Manpower, Morris Protective
Services Rogan’s Corners, and Adecco, Ithaca, New York, who
became totally or partially separated from employment on or
after September 21, 2008, through May 13, 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 at Washington, D.C. this 30th day of June, 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-72,411

EMERSON POWER TRANSMISSION
A DIVISION OF EMERSON ELECTRIC CO.
INCLUDING ON-SITE LEASED WORKERS FROM CHALLENGE INDUSTRIES,
MANPOWER, MORRIS PROTECTIVE SERVICES, AND ROGAN’S CORNERS
ITHACA, NEW YORK

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.

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 group eligibility requirements for workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the
firm described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term “Supplier” as “a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm.”
The investigation was initiated in response to a petition
filed on September 25, 2009 by a one-stop operator/partner on
behalf of workers Emerson Power Transmission, a division of
Emerson Electric Co., Ithaca, New York. The workers are engaged
in activities related to production of industrial chains,
clutches, unmounted bearings and mounted bearings, and are
separately identifiable by product line. The worker group also
includes on-site leased workers from Challenge Industries,
Manpower, Morris Protective Services, and Rogan’s Corners.
With respect to Section 222(a) of the Act, the
investigation revealed that workers of Emerson Power
Transmission who are engaged in activities related to the
production of mounted bearings, industrial chains, and
clutches meet the criteria for certification.
Section 222(a)(1) and Section 222(c)(1) have been met
because a significant number of workers have been separated or
threatened with separation during the relevant period.
Section 222(a)(2)(A)(i) has been met because production
of mounted bearings by Emerson Power Transmission has decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with mounted
bearings produced by Emerson Power Transmission have increased.
Section 222(a)(2)(A)(iii) has been met because customer
increased imports of mounted bearings contributed importantly
to worker group separations and production declines at Emerson
Power Transmission.
Section 222(a)(2)(B)(i) has been met because Emerson Power
Transmission has shifted production of industrial chains and
clutches to a foreign country.
Section 222(a)(2)(B)(ii) has been met because the shift
in production of industrial chains and clutches contributed
importantly to worker group separations at Emerson Power
Transmission.
Section 222(c)(2) has been met because Emerson Power
Transmission produced and sold unmounted bearings to a firm
that employed a worker group who is covered by an active TAA
certification to be used in the production of oil field
service equipment.
Section 222(c)(3)(A) has been met because the unmounted
bearings produced by Emerson Power Transmission for a firm that
employed a TAA-certified worker group accounted for at least
20 percent of the sales of Emerson Power Transmission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emerson Power
Transmission, a division of Emerson Electric Co., Ithaca, New
York who are engaged in activities related to production
industrial chains, clutches, mounted bearings, and unmounted
bearings meet the worker group certification criteria under
Sections 222(a) and 222(c) of the Act, 19 U.S.C. § 2272(a) and
2272(c). In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:



“All workers of Emerson Power Transmission, a division of
Emerson Electric Co., including on-site leased workers from
Challenge Industries, Manpower, Morris Protective Services,
and Rogan’s Corners, Ithaca, New York who became totally or
partially separated from employment on or after September
21, 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 13th day of May, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance