Certified
« back to search results

TAW-74060  /  Ingersoll Rand (Bridgeton, MO)

Petitioner Type: Union
Impact Date: 04/05/2009
Filed Date: 05/07/2010
Most Recent Update: 06/16/2010
Determination Date: 06/16/2010
Expiration Date: 06/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,060

INGERSOLL RAND
HUSSMAN CORPORATION
CLIMATE SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
PROCURE STAFF, LTD.
BRIDGETON, MISSOURI

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 May 7, 2010 by the United Steel Workers (USW) on
behalf of workers of Ingersoll Rand, Hussman Corporation,
Climate Solutions, Bridgeton, Missouri (Hussman). The workers
are engaged in activities related to the production of
refrigerated display cases. The group consists of on-site
leased workers from Procure Staff, Ltd.
The investigation revealed that workers of Hussman who are
engaged in activities related to the production of
refrigerated display cases meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers at Hussman have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by Hussman to a foreign country in the production of
articles like or directly competitive with those produced by
Hussman.
Criterion III has been met because the shift of
refrigerated display cases to Mexico by Hussman contributed
importantly to worker group separations at Hussman.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ingersoll Rand,
Hussman Corporation, Climate Solutions, including on-site
leased workers from Procure Staff, Ltd., Bridgeton, Missouri,
who are engaged in activities related to the production of
refrigerated display cases 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 Ingersoll Rand, Hussman Corporation,
Climate Solutions, including on-site leased workers from
Procure Staff, Ltd., Bridgeton, Missouri, who became
totally or partially separated from employment on or after
April 5, 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 16th day of June, 2010.

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance