Petitioner Type: Workers
Impact Date: 11/08/2009
Filed Date: 11/17/2010
Most Recent Update: 01/18/2011
Determination Date: 01/18/2011
Expiration Date: 01/18/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,892
STANLEY BLACK AND DECKER
CDIY DIVISION
WARRANTY EVALUATION CENTER (WEC)
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER
MCALLEN, TEXAS
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 January 18, 2011, applicable to workers
of Stanley Black and Decker, CDIY Division, including on-site
leased workers from Manpower, McAllen, Texas. The notice was
published in the Federal Register on February 2, 2011 (76 FR
5836).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
in the CDIY Division are engaged in activities related to the
receiving and inspecting reconditioning products sent from
customers to the Warranty Evaluation Center.
New findings show that the correct name of the subject firm
in its entirety should read Stanley Black and Decker, CDIY
Division, Warranty Evaluation Center.
Accordingly, the Department is amending this certification
to include the Warranty Evaluation Center (WEC), CDIY Division
of Stanley Black and Decker, McAllen, Texas.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in services to China, Taiwan and Poland.
The amended notice applicable to TA-W-74,892 is hereby
issued as follows:
“All workers of Stanley Black and Decker, CDIT Division,
Warranty Evaluation Center (WEC), including on-site leased
workers from Manpower, McAllen, Texas, who became totally
or partially separated from employment on or after November
8, 2009, through January 18, 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 13th day of February, 2012.
/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-74,892
STANLEY BLACK AND DECKER
CDIY DIVISION
INCLUDING ON-SITE LEASED WORKERS
FROM MANPOWER
MCALLEN, TEXAS
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 November 17, 2010, on behalf of workers of Stanley
Black and Decker, CDIY Division, McAllen, Texas (Black and
Decker McAllen). The workers are engaged in activities related
to receiving and inspecting reconditioning products sent from
customers to the Warranty Evaluation Center. The workers are not
separately identifiable by services. The worker group includes
on-site leased workers from Manpower.
The investigation revealed that workers of Black and Decker
McAllen who were engaged in activities related to receiving and
inspecting reconditioning products sent from customers to the
Warranty Evaluation Center meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers’ firm have become
totally or partially separated.
Criterion II has been satisfied because the workers of
Black and Decker McAllen are covered by certification numbers
TA-W-74,663 and TA-W-74,680 issued based on a shift in
production to a foreign country, and the workers of Black and
Decker McAllen were in support of services at Black and
Decker, formerly Stanley Bostitch, CDIY Division, Jackson,
Tennessee (TA-W-74,663) and Stanley Black and Decker, formerly
Stanley Bostitch, CDIY Division, East Greenwich, Rhode Island
(TA-W-74,680).
Criterion III has been met because the shift in firm work
performed by Black and Decker by Black and Decker contributed
importantly to worker group separations at Black and Decker
McAllen.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Stanley Black and
Decker, CDIY Division, including on-site leased workers from
Manpower, McAllen, Texas, who are engaged in employment related
to receiving and inspecting reconditioning products sent from
customers to the Warranty Evaluation Center 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, CDIY Division,
including on-site leased workers from Manpower, McAllen,
Texas, who became totally or partially separated from
employment on or after November 8, 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 18th day of January, 2011
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-74,892
STANLEY BLACK AND DECKER
CDIY DIVISION
WARRANTY EVALUATION CENTER (WEC)
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER
MCALLEN, TEXAS
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 January 18, 2011, applicable to workers
of Stanley Black and Decker, CDIY Division, including on-site
leased workers from Manpower, McAllen, Texas. The notice was
published in the Federal Register on February 2, 2011 (76 FR
5836).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
in the CDIY Division are engaged in activities related to the
receiving and inspecting reconditioning products sent from
customers to the Warranty Evaluation Center.
New findings show that the correct name of the subject firm
in its entirety should read Stanley Black and Decker, CDIY
Division, Warranty Evaluation Center.
Accordingly, the Department is amending this certification
to include the Warranty Evaluation Center (WEC), CDIY Division
of Stanley Black and Decker, McAllen, Texas.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in services to China, Taiwan and Poland.
The amended notice applicable to TA-W-74,892 is hereby
issued as follows:
“All workers of Stanley Black and Decker, CDIT Division,
Warranty Evaluation Center (WEC), including on-site leased
workers from Manpower, McAllen, Texas, who became totally
or partially separated from employment on or after November
8, 2009, through January 18, 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 13th day of February, 2012.
/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-74,892
STANLEY BLACK AND DECKER
CDIY DIVISION
INCLUDING ON-SITE LEASED WORKERS
FROM MANPOWER
MCALLEN, TEXAS
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 November 17, 2010, on behalf of workers of Stanley
Black and Decker, CDIY Division, McAllen, Texas (Black and
Decker McAllen). The workers are engaged in activities related
to receiving and inspecting reconditioning products sent from
customers to the Warranty Evaluation Center. The workers are not
separately identifiable by services. The worker group includes
on-site leased workers from Manpower.
The investigation revealed that workers of Black and Decker
McAllen who were engaged in activities related to receiving and
inspecting reconditioning products sent from customers to the
Warranty Evaluation Center meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers’ firm have become
totally or partially separated.
Criterion II has been satisfied because the workers of
Black and Decker McAllen are covered by certification numbers
TA-W-74,663 and TA-W-74,680 issued based on a shift in
production to a foreign country, and the workers of Black and
Decker McAllen were in support of services at Black and
Decker, formerly Stanley Bostitch, CDIY Division, Jackson,
Tennessee (TA-W-74,663) and Stanley Black and Decker, formerly
Stanley Bostitch, CDIY Division, East Greenwich, Rhode Island
(TA-W-74,680).
Criterion III has been met because the shift in firm work
performed by Black and Decker by Black and Decker contributed
importantly to worker group separations at Black and Decker
McAllen.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Stanley Black and
Decker, CDIY Division, including on-site leased workers from
Manpower, McAllen, Texas, who are engaged in employment related
to receiving and inspecting reconditioning products sent from
customers to the Warranty Evaluation Center 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, CDIY Division,
including on-site leased workers from Manpower, McAllen,
Texas, who became totally or partially separated from
employment on or after November 8, 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 18th day of January, 2011
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
6