Petitioner Type: Company
Impact Date: 10/14/2008
Filed Date: 10/15/2009
Most Recent Update: 02/17/2010
Determination Date: 02/17/2010
Expiration Date: 02/17/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,594
HERAEUS ELECTRO-NITE COMPANY, LLC
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND
STAFFING RESOURCES, INC.
PERU, INDIANA
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 October 15, 2009 on behalf of workers of Heraeus
Electro-Nite Company, LLC, Peru, Indiana (Heraeus) including
on-site leased workers from Kelly Services and Staffing
Resources, Inc. The workers are engaged in activities related
to the production of sensors and measuring systems for the
steel, foundry, and aluminum industries.
The investigation revealed that workers of Heraeus who are
engaged in activities related to the production of sensors and
measuring systems for the steel, foundry, and aluminum
industries meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to Mexico the production of an article like or
directly competitive with the article produced by the workers.
Criterion III has been met because the shift of
production of sensors and measuring systems for the steel,
foundry, and aluminum industries to Mexico by Heraeus
contributed importantly to worker group separations at the
Peru, Indiana site.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Heraeus Electro-Nite
Company, LLC, Peru, Indiana, including on-site leased workers
from Kelly Services and Staffing Resources, Inc., who are
engaged in activities related to the production of sensors and
measuring systems for the steel, foundry, and aluminum
industries 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 Heraeus Electro-Nite Company, LLC, Peru,
Indiana, including on-site leased workers from Kelly
Services and Staffing Resources, Inc., who became totally
or partially separated from employment on or after October
14, 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 17th day of February, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,594
HERAEUS ELECTRO-NITE COMPANY, LLC
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND
STAFFING RESOURCES, INC.
PERU, INDIANA
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 October 15, 2009 on behalf of workers of Heraeus
Electro-Nite Company, LLC, Peru, Indiana (Heraeus) including
on-site leased workers from Kelly Services and Staffing
Resources, Inc. The workers are engaged in activities related
to the production of sensors and measuring systems for the
steel, foundry, and aluminum industries.
The investigation revealed that workers of Heraeus who are
engaged in activities related to the production of sensors and
measuring systems for the steel, foundry, and aluminum
industries meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to Mexico the production of an article like or
directly competitive with the article produced by the workers.
Criterion III has been met because the shift of
production of sensors and measuring systems for the steel,
foundry, and aluminum industries to Mexico by Heraeus
contributed importantly to worker group separations at the
Peru, Indiana site.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Heraeus Electro-Nite
Company, LLC, Peru, Indiana, including on-site leased workers
from Kelly Services and Staffing Resources, Inc., who are
engaged in activities related to the production of sensors and
measuring systems for the steel, foundry, and aluminum
industries 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 Heraeus Electro-Nite Company, LLC, Peru,
Indiana, including on-site leased workers from Kelly
Services and Staffing Resources, Inc., who became totally
or partially separated from employment on or after October
14, 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 17th day of February, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance