Certified
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TAW-73726  /  Pentair Water (Ashland, OH)

Petitioner Type: Company
Impact Date: 03/04/2009
Filed Date: 03/17/2010
Most Recent Update: 05/25/2010
Determination Date: 05/25/2010
Expiration Date: 05/25/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,726

PENTAIR WATER
WATER PUMP MANUFACTURING PLANT
INCLUDING ON-SITE LEASED WORKERS OF MANCAN AND SPHERION
ASHLAND, 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 March 17, 2010 by a company official on behalf of
workers of Pentair Water, Water Pump Manufacturing Plant,
Ashland, Ohio. The workers are engaged in the production of
water pumps and water pump components. The worker group also
includes on-site leased workers of Mancan and Spherion. The
workers were previously certified based on a shift in production
under TA-W-62,837, this certification expired on March 21, 2010.
The investigation revealed that workers of Pentair Water,
Water Pump Manufacturing Plant, Ashland, Ohio who are engaged
in employment related to the production of water pumps and pump
components, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have become separated at the Ashland, Ohio
location during the relevant period.
Criterion II has been met because the workers' firm is
shifting a substantial portion of production to a foreign
country of articles like or directly competitive with the
articles produced by the workers' firm at the Ashland
facility.
Criterion III has been met because the shift in
production to China by Pentair Water contributed importantly
to worker separations at the Water Pump Manufacturing Plant,
Ashland, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pentair Water, Water
Pump Manufacturing Plant, including on-site leased workers of
Mancan and Spherion, Ashland, Ohio 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 Pentair Water, Water Pump Manufacturing
Plant, Ashland, Ohio, who became totally or partially
separated from employment on or after March 22, 2010,
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.

All leased workers of Mancan and Spherion working on-site
at Pentair Water, Water Pump Manufacturing Plant, Ashland,
Ohio, who became totally or partially separated from
employment on or after March 4, 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 25th day of May, 2010

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