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TAW-74751  /  Eaton Corporation (Auburn, IN)

Petitioner Type: Union
Impact Date: 09/26/2010
Filed Date: 10/19/2010
Most Recent Update: 02/14/2011
Determination Date: 02/14/2011
Expiration Date: 02/14/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,751

EATON CORPORATION
CLUTCH DIVISION
AUBURN, INDIANA

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 February 14, 2011, applicable to
workers of Eaton Corporation, Clutch Division, Auburn, Indiana.
The notice will be published soon in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of truck clutches.
The review shows that on October 17, 2008, an amended
certification of eligibility to apply for adjustment assistance
was issued for all workers of Eaton Corporation, Clutch
Division, Auburn, Indiana, separated from employment on or after
December 19, 2008 through September 25, 2010. The notice was
published in the Federal Register on November 3, 2008 (73 FR
65405-65406).
In order to avoid an overlap in worker group coverage, the
Department is amending the October 6, 2009 impact date
established for TA-W-74,751, to read September 26, 2010.
The amended notice applicable to TA-W-75,147 is hereby
issued as follows:
“All workers of Eaton Corporation, Clutch Division, Auburn,
Indiana, who became totally or partially separated from
employment on or after September 26, 2010, through February
14, 2013, 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 23rd day of February, 2011.


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,751

EATON CORPORATION
CLUTCH DIVISION
AUBURN, INDIANA

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 by the International Union, United Automobile, Aerospace
and Agricultural Implement Workers of America (UAW), Local 164
on October 19, 2010 on behalf of workers of Eaton Corporation,
Clutch Division, Auburn, Indiana. The workers produce truck
clutches.
The investigation revealed that workers of Eaton
Corporation, Clutch Division, Auburn, Indiana, who are engaged
in employment related to production of truck clutches, meet the
criteria for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with total or partial
separations.
Criterion II has been satisfied because the workers’ firm
has committed to shift 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 contributed importantly to threatened worker group
separations at Eaton Corporation, Clutch Division, Auburn,
Indiana.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eaton Corporation,
Clutch Division, Auburn, Indiana, who are engaged in employment
related to production of truck clutches, 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 Eaton Corporation, Clutch Division,
Auburn, Indiana, who became totally or partially separated
from employment on or after October 6, 2009, through two
years from the date of certification, 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 in Washington, D.C., this 14th day of February, 2011


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





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