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TAW-73891  /  Emerson Process Management Regulator Technologies, Inc. (Mckinney, TX)

Petitioner Type: Workers
Impact Date: 04/07/2009
Filed Date: 04/09/2010
Most Recent Update: 08/03/2010
Determination Date: 08/03/2010
Expiration Date: 08/03/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,891

EMERSON PROCESS MANAGEMENT REGULATOR TECHNOLOGIES, INC.
A WHOLLY-OWNED SUBSIDIARY OF EMERSON ELECTRIC COMPANY
MCKINNEY, TEXAS

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 April 9, 2010 on behalf of workers of Emerson Process
Management Regulator Technologies, Inc., a wholly-owned
subsidiary of Emerson Electric Company, McKinney, Texas
(Emerson Process Management Regulator Technologies). The
workers are engaged in employment related to the production of
regulators and are not separately identifiable by article
produced. The worker group does not include leased workers.
The investigation revealed that workers of Emerson Process
Management Regulator Technologies, who are engaged in
employment related to the production of regulators, meet the
criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at Emerson Process Management Regulator
Technologies has been totally or partially separated, or
threatened with such separation, during the relevant period.
Criterion II has been met because Emerson Process
Management Regulator Technologies has shifted to foreign
countries the production of articles like or directly
competitive with regulators.
Criterion III has been met because the shift of
production of regulators to China and Mexico contributed
importantly to worker group separations at the McKinney, Texas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emerson Process
Management Regulator Technologies, Inc., a wholly-owned
subsidiary of Emerson Electric Company, McKinney, Texas, who
are engaged in employment related to the production of
regulators, 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 Emerson Process Management Regulator
Technologies, Inc., a wholly-owned subsidiary of Emerson
Electric Company, McKinney, Texas, who became totally or
partially separated from employment on or after April 7,
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 3rd day of August, 2010

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance