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TAW-73666  /  Badger Meter, Inc. (Milwaukee, WI)

Petitioner Type: Company
Impact Date: 02/22/2009
Filed Date: 03/09/2010
Most Recent Update: 04/28/2010
Determination Date: 04/28/2010
Expiration Date: 04/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,666

BADGER METER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SOURCEPOINT STAFFING, SEEK, AND MANPOWER
MILWAUKEE, WISCONSIN

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 April 28, 2010, applicable to workers of Badger
Meter, Inc., including on-site leased workers from Sourcepoint
Staffing, Milwaukee, Wisconsin. The notice was published in the
Federal Register on May 28, 2010 (75 FR 30070).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of flow measurement devices
and automatic meter reading equipment.
The company reports that workers leased from Seek and
Manpower were employed on-site at the Milwaukee, Wisconsin
location of Badger Meter, Inc. 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 workers leased from Seek and Manpower
working on-site at the Milwaukee, Wisconsin location of Badger
Meter, Inc.
The amended notice applicable to TA-W-73,666 is hereby
issued as follows:
"All workers of Badger Meter, Inc., including on-site
leased workers from Sourcepoint Staffing, Seek and
Manpower, Milwaukee, Wisconsin, who became totally or
partially separated from employment on or after
February 22, 2009, through April 28, 2012, 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 at Washington, D.C. this 14th day of July 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-73,666

BADGER METER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SOURCEPOINT STAFFING
MILWAUKEE, 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 March 9, 2010 by a company official and District No. 10
International Association of Machinists on behalf of workers of
Badger Meter, Inc., Milwaukee, Wisconsin. The worker group
includes on-site leased workers from Sourcepoint Staffing. The
workers are engaged in activities related to the production of flow
measurement devices and automatic meter reading equipment.
The investigation revealed that workers of Badger Meter, Inc.
who are engaged in activities related to the production of flow
measurement devices and automatic meter reading equipment 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 is
shifting to Mexico the production of articles like or directly
competitive with the articles provided by the workers.
Criterion III has been met because the shifting of
production of flow measurement devices and automatic meter reading
equipment to an affiliated foreign producer by Badger Meter, Inc.
contributed importantly to worker group separations at the
subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Badger Meter, Inc.,
Milwaukee, Wisconsin, including on-site leased workers from
Sourcepoint Staffing, who are engaged in activities related to the
production of flow measurement devices and automatic meter reading
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 Badger Meter, Inc., Milwaukee, Wisconsin,
including on-site leased workers from Sourcepoint Staffing,
who became totally or partially separated from employment on
or after February 22, 2009, 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 28th day of April, 2010


/s/Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



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