Petitioner Type: Company
Impact Date: 10/20/2008
Filed Date: 10/21/2009
Most Recent Update: 01/08/2010
Determination Date: 01/08/2010
Expiration Date: 01/08/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,635
ABB, INC.
PROCESS AUTOMATION RESEARCH AND DEVELOPMENT GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
BEELINE
WICKLIFFE, OHIO
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 21, 2009 by a company official on behalf of
workers of ABB, Inc., Process Automation Research & Development
Group, Wickliffe, Ohio (ABB). The workers are engaged in
activities related to research and design support for the
production of process automated equipment hardware and
software. The group consists of on-site leased workers form
Beeline.
The investigation revealed that workers of ABB who are
engaged in activities related to research and design support
meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because 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.
Criterion III has been met because the shift of research
and design support for the production of process automated
equipment hardware and software to India by ABB contributed
importantly to worker group separations at ABB.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ABB, Inc., Process
Automation Research & Development Group, including on-site
leased workers from Beeline, Wickliffe, Ohio, who are engaged
in activities related to research and design support for the
production of process automated equipment hardware and
software 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 ABB, Inc., Process Automation Research &
Development Group, including on-site leased workers from
Beeline, Wickliffe, Ohio, who became totally or partially
separated from employment on or after October 20, 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 8th day of January, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,635
ABB, INC.
PROCESS AUTOMATION RESEARCH AND DEVELOPMENT GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
BEELINE
WICKLIFFE, OHIO
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 21, 2009 by a company official on behalf of
workers of ABB, Inc., Process Automation Research & Development
Group, Wickliffe, Ohio (ABB). The workers are engaged in
activities related to research and design support for the
production of process automated equipment hardware and
software. The group consists of on-site leased workers form
Beeline.
The investigation revealed that workers of ABB who are
engaged in activities related to research and design support
meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because 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.
Criterion III has been met because the shift of research
and design support for the production of process automated
equipment hardware and software to India by ABB contributed
importantly to worker group separations at ABB.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ABB, Inc., Process
Automation Research & Development Group, including on-site
leased workers from Beeline, Wickliffe, Ohio, who are engaged
in activities related to research and design support for the
production of process automated equipment hardware and
software 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 ABB, Inc., Process Automation Research &
Development Group, including on-site leased workers from
Beeline, Wickliffe, Ohio, who became totally or partially
separated from employment on or after October 20, 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 8th day of January, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance