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TAW-73934  /  Pass & Seymour/Legrand (Concord, NC)

Petitioner Type: Company
Impact Date: 06/14/2010
Filed Date: 04/16/2010
Most Recent Update: 05/27/2010
Determination Date: 05/27/2010
Expiration Date: 05/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,934

PASS & SEYMOUR/LEGRAND
A SUBSIDIARY OF LEGRAND NORTH AMERICA
INCLUDING ON-SITE LEASED WORKERS FROM
SELECT STAFFING, ALSO KNOWN AS REAL TIME STAFFING SERVICES,
AND AEROTEK
CONCORD, NORTH CAROLINA

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 May 27, 2010, applicable to workers of Pass &
Seymour/Legrand, a subsidiary of Legrand North America, including
on-site leased workers from Select Staffing and Aerotek, Concord,
North Carolina. The workers manufacture electrical wiring
devices. The notice was published in the Federal Register on
June 16, 2010 (75 FR 34174).
At the request of a State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that Select Staffing, an on-site leased firm, is also
known as Real Time Staffing Services. Select Staffing employees
separated from employment at the Concord, North Carolina location
of the subject firm had their wages reported under a separate
unemployment insurance (UI) tax account for Select Staffing, also
known as Real Time Staffing Services.
Accordingly, the Department is amending this certification
to properly reflect this mater.
The amended notice applicable to TA-W-73,934 is hereby
issued as follows:
"All workers of Pass & Seymour/Legrand, a subsidiary of
Legrand North America, including on-site leased workers
from Select Staffing, also known as Real Time Staffing
Services, and Aerotek, Concord, North Carolina, who
became totally or partially separated from employment
on or after June 14, 2010, through May 27, 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 3rd day of March 2011.


/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-73,934

PASS & SEYMOUR/LEGRAND
A SUBSIDIARY OF LEGRAND NORTH AMERICA
INCLUDING ON-SITE LEASED WORKERS FROM
SELECT STAFFING AND AEROTEK
CONCORD, NORTH 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 April 16, 2010 by a company official on behalf of workers
of Pass & Seymour/Legrand, a subsidiary of Legrand North America,
Concord, North Carolina. The workers manufacture electrical wiring
devices. The workers group includes on-site leased workers from
Select Staffing and Aerotek.
Workers of the subject firm are covered by a previous
certification (TA-W-63,411) which expires on June 13, 2010. It
was based on a shift in production abroad.
The investigation revealed that workers of Pass &
Seymour/Legrand, who are engaged in employment related to the
production of electrical wiring devices, meet the criteria for
certification.
Criterion I has been met because a significant number of
workers have been separated over the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
of electrical wiring devices to Mexico by Pass & Seymour/Legrand,
contributed importantly to worker group separations at the
Concord, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pass & Seymour/Legrand,
a subsidiary of Legrand North America, including on-site leased
workers from Select Staffing and Aerotek, Concord, North Carolina
who are engaged in employment related to the production of
electrical wiring devices, 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 Pass & Seymour/Legrand, a subsidiary of
Legrand North America, including on-site leased workers from
Select Staffing and Aerotek, Concord, North Carolina, who
became totally or partially separated from employment on or
after June 14, 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.”
Signed in Washington, D.C., this 27th day of May, 2010

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance



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