Terminated
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TAW-73376  /  Wacker Neuson Corporation (Menomonee Falls, WI)

Petitioner Type: Union
Impact Date:
Filed Date: 01/28/2010
Most Recent Update: 07/30/2010
Determination Date: 07/30/2010
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,376

WACKER NEUSON CORPORATION
A SUBSIDIARY OF WACKER NEUSON SE
MENOMONEE FALLS, WISCONSIN

Notice of Termination of Investigation

By application dated August 17, 2010, a company official
requested administrative reconsideration of the affirmative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) applicable to workers and former
workers of the subject firm. The certification of eligibility
was issued on July 30, 2010. The Department’ Notice of
determination was published in the Federal Register on August
13, 2010 (75 FR 49530). The workers produce construction
equipment and are not separately identifiable by product line.
The initial investigation resulted in an affirmative
determination based on the findings that a significant
proportion or number of the workers at the subject firm were
totally or partially separated, or threatened with such
separation, that the subject firm shifted to a foreign country
the production of articles like or directly competitive with
those produced by the workers, and that the shift in production
contributed importantly to worker group separations at the
subject firm.
On August 18, 2010, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The
Department’s Notice of determination was published in the
Federal Register on August 30, 2010 (75 FR 52980).
In the request for reconsideration, the company official
requested that the Department rescind the affirmative
determination regarding worker eligibility to apply for TAA. The
company official stated that the shift in production abroad did
not contribute importantly to worker separations because the
production of the article that shifted employed a negligible
number of workers and, when production shifted abroad, those
workers were reassigned to other product lines.
Under 29 C.F.R. § 90.18(a), “Any worker, group of workers,
certified or recognized union, or authorized representative of
such worker group, aggrieved by a determination issued pursuant
to the Act . . . may file an application for reconsideration of
the determination . . . .”
Upon further review of the request for reconsideration, the
Department determines that an employer’s request for
reconsideration of an affirmative determination is not in the
best interest of the worker group and, therefore, the Department
cannot infer that the employer is acting as an “authorized
representative” of the worker group.
Further investigation on administrative reconsideration
would serve no purpose; therefore, the investigation is
terminated.
Signed at Washington, D.C., this 2nd day of May, 2011

/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,376

WACKER NEUSON CORPORATION
A SUBSIDIARY OF WACKER NEUSON SE
MENOMONEE FALLS, WISCONSIN


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated August 17, 2010, a company official requested administrative
reconsideration of the affirmative determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) applicable to workers and former workers of the subject firm.
The certification of eligibility was issued on July 30, 2010. The Notice of determination was
published in the Federal Register on August 13, 2010 (75 FR 49530). The workers produce a
variety of construction equipment and are not separately identifiable by product line.
The initial investigation resulted in a positive determination based on the findings that a
significant proportion or number of the workers at the subject firm were totally or partially
separated, or threatened with such separation, that the subject firm has shifted to a foreign
country the production of articles like or directly competitive with the construction equipment
produced by the workers, and that this shift of production contributed importantly to worker
group separations at the subject firm.
In the request for reconsideration, the company official states that the shift abroad did not
contribute importantly to worker separations at the subject firm because the article shifted
required only a few workers and that once the work was shifted abroad, the workers were
reassigned to other product lines. The company official further states that the separated workers
have been recalled to work because the production of the other lines have increased despite the
shift of production of the one line of construction equipment to the Philippines.
The Department has carefully reviewed the request for reconsideration and the existing
record, and has determined that the Department will conduct further investigation to determine
whether the workers do meet the eligibility requirements of the Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to
justify reconsideration of the U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 18th day of August, 2010
/S/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,376

WACKER NEUSON CORPORATION
A SUBSIDIARY OF WACKER NEUSON SE
MENOMONEE FALLS, WISCONSIN

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 January 28, 2010 by the United Steelworkers,
District 2, West Dallas Subdistrict, on behalf of workers of
Wacker Neuson Corporation, a subsidiary of Wacker Neuson SE,
Menomonee Falls, Wisconsin (Wacker Neuson Corporation). The
workers produce construction equipment and are not separately
identifiable by product line.
The investigation revealed that workers of Wacker Neuson
Corporation, who are engaged in employment related to the
production of construction equipment, meet the criteria for
certification.
Criterion I has been met because a significant proportion
or number of the workers at Wacker Neuson Corporation have been
totally or partially separated, or are threatened with such
separation, during the relevant period.
Criterion II has been met because Wacker Neuson
Corporation has shifted to a foreign country the production of
articles like or directly competitive with the construction
equipment produced by the workers.
Criterion III has been met because the shift in
production to the Philippines contributed importantly to
worker group separations at the Menomonee Falls, Wisconsin
location.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Wacker Neuson
Corporation, a subsidiary of Wacker Neuson SE, Menomonee Falls,
Wisconsin, who are engaged in employment related to production
of construction equipment, 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 Wacker Neuson Corporation, a subsidiary of
Wacker Neuson SE, Menomonee Falls, Wisconsin, who became
totally or partially separated from employment on or after
January 27, 2009, 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 30th day of July, 2010

Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance









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