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TAW-74663  /  Stanley Black and Decker (Jackson, TN)

Petitioner Type: Company
Impact Date: 09/24/2009
Filed Date: 09/24/2010
Most Recent Update: 10/29/2010
Determination Date: 10/29/2010
Expiration Date: 10/29/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,663

STANLEY BLACK AND DECKER
FORMERLY STANLEY BOSTICH
CDIY DIVISION
JACKSON, TENNESSEE

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 September 24, 2010, by a company official on behalf of
workers of Stanley Black and Decker, formerly Stanley Bostitch,
CDIY Division, Jackson, Tennessee (Stanley Black and Decker-
CDIY). The workers provide distribution services in support of
the firm's Do It Yourself Division, which produces wire,
nails, staples, and pneumatic tools.
The investigation revealed that workers of Stanley Black
and Decker-CDIY, who are engaged in employment related to the
distribution services in support of the firm's Do It Yourself
Division, meet the criteria for certification.
Criterion I has been met because a significant number of
workers at Stanley Black and Decker-CDIY has been totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the articles produced by Stanley
Black and Decker-CDIY.
Criterion III has been met because the shift in
production contributed importantly to the worker separations
at the Jackson, Tennessee facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Stanley Black and
Decker, formerly Stanley Bostitch, CDIY Division, Jackson,
Tennessee, who are engaged in employment related to providing
distribution services in support of the firm's Do It Yourself
Division (CDIY), 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 Stanley Black and Decker, formerly Stanley
Bostitch, CDIY Division, Jackson, Tennessee, who became
totally or partially separated from employment on or after
September 24, 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 29th day of October, 2010

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance