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TAW-74833  /  Franklin Electric Company, Inc. (Oklahoma City, OK)

Petitioner Type: Company
Impact Date: 11/03/2009
Filed Date: 11/05/2010
Most Recent Update: 12/03/2010
Determination Date: 12/03/2010
Expiration Date: 12/03/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,833

FRANKLIN ELECTRIC COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PEOPLELINK STAFFING SOLUTIONS, REMEDY INTELLIGENT STAFFING, LABOR
READY, AND DRIVEFORCE TRANSPORTATION
OKLAHOMA CITY, OKLAHOMA


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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on December 3, 2010, applicable to
workers and former workers of Franklin Electric Company, Inc.,
including on-site leased workers from Peoplelink Staffing
Solutions, Oklahoma City, Oklahoma. Workers at the subject firm
were engaged in employment related to the production of light
centrifugal pump products.
At the request of a company official, the Department
reviewed the immediate certification.
The Department has received information that workers from
Remedy Intelligent Staffing, Labor Ready, and DriveForce
Transportation were employed on-site at the Oklahoma City,
Oklahoma facility of Franklin Electric Company, Inc. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Remedy Intelligent
Staffing, Labor Ready, and DriveForce Transportation who worked
on-site at the Oklahoma City, Oklahoma facility.
The amended notice applicable to TA-W-74,833 is hereby
issued as follows:
“All workers of Franklin Electric Company, Inc., including
on-site leased workers from Peoplelink Staffing Solutions,
Remedy Intelligent Staffing, Labor Ready, and DriveForce
Transportation, Oklahoma City, Oklahoma, who became totally
or partially separated from employment on or after November
3, 2009, through December 3, 2012, and all workers in the
group threatened with total or partial separation from
employment on December 3, 2010 through December 3, 2012, 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 18th day of January, 2013

/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,833

FRANKLIN ELECTRIC COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM PEOPLELINK STAFFING SOLUTIONS
OKLAHOMA CITY, OKLAHOMA

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. (Set forth in 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 November 5, 2010 by a company official on behalf of
workers of Franklin Electric Company, Inc., Oklahoma City,
Oklahoma (Franklin Electric Oklahoma City). The workers are
engaged in activities related to production of light centrifugal
pump products. The worker group includes on-site leased workers
from Peoplelink Staffing Solutions.
The investigation revealed that workers of Franklin Electric
Oklahoma City, who are engaged in activities related to
production of light centrifugal pump products, meet the criteria
for certification.
Criterion I has been met because a significant proportion of
workers in the workers’ firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of light centrifugal pump products by
Franklin Electric Oklahoma City to a foreign country.
Criterion III has been met because the shift in production
of light centrifugal pump products by Franklin Electric Oklahoma
City contributed importantly to worker group separations at the
Franklin Electric Oklahoma City.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Franklin Electric
Company, Inc., including on-site leased workers from Peoplelink
Staffing Solutions, Oklahoma City, Oklahoma, who are engaged in
employment related to production of light centrifugal pump
products, 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 Franklin Electric Company, Inc., including
on-site leased workers from Peoplelink Staffing Solutions,
Oklahoma City, Oklahoma, who became totally or partially
separated from employment on or after November 3, 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 3rd day of December, 2010


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