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TAW-72938  /  Schneider Electric (Seneca, SC)

Petitioner Type: Company
Impact Date: 11/23/2008
Filed Date: 11/24/2009
Most Recent Update: 12/09/2009
Determination Date: 12/09/2009
Expiration Date: 12/09/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,938

SCHNEIDER ELECTRIC
NORTH AMERICAN OPERATING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT SERVICES AND ADECCO STAFFING
SENECA, 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. 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 November 24, 2009 by a company official on behalf of
workers of Schneider Electric, North American Operating
Division, Seneca, South Carolina (Schneider Electric). The
worker group includes on-site leased workers from Volt
Services and Adecco Staffing. The workers produce electrical
control components such as motor control centers and enclosed
drives that are used in commercial and industrial
applications.
The investigation revealed that workers of Schneider
Electric who are engaged in activities related to the
production of electrical control components meet the criteria
for certification.
Criterion I has been met because a significant number of
workers have been separated from the subject firm and the
remaining workers are threatened with additional separations.
Criterion II has been met because the subject firm has
shifted production of like or directly competitive articles to
the articles produced by the workers of the subject firm to a
foreign country.
Criterion III has been met because the shift of
electrical control components to a foreign country by
Schneider Electric contributed importantly to worker group
separations at Schneider Electric.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Schneider Electric,
North American Operating Division, including on-site leased
workers from Volt Services and Adecco Staffing, Seneca, South
Carolina, who are engaged in activities related to the
production of electrical control 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 Schneider Electric, North American
Operating Division, including on-site leased workers from
Volt Services and Adecco Staffing, Seneca, South Carolina,
who became totally or partially separated from employment
on or after November 23, 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 9th day of December, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance