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TAW-75147  /  Elkay Manufacturing (Broadview, IL)

Petitioner Type: Company
Impact Date: 12/30/2010
Filed Date: 01/31/2011
Most Recent Update: 02/16/2011
Determination Date: 02/16/2011
Expiration Date: 02/16/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,147

ELKAY MANUFACTURING
BROADVIEW, ILLINOIS

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 16, 2011, applicable to
workers of Elkay Manufacturing, Broadview, Illinois 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 stainless steel sinks,
counters, and cabinets.
The review shows that on December 29, 2008, a certification
of eligibility to apply for adjustment assistance was issued for
all workers of Elkay Manufacturing Company, Broadview, Illinois,
separated from employment on or after December 8, 2007 through
December 29, 2010. The notice was published in the Federal
Register on January 26, 2009 (74 FR 4463).
In order to avoid an overlap in worker group coverage, the
Department is amending the January 28, 2010 impact date
established for TA-W-75,147, to read December 30, 2010.
The amended notice applicable to TA-W-75,147 is hereby
issued as follows:
“All workers of Elkay Manufacturing, Broadview, Illinois,
who became totally or partially separated from employment
on or after December 30, 2010, through February 16, 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-75,147

ELKAY MANUFACTURING
BROADVIEW, ILLINOIS

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 January 31, 2011 by a company official behalf of
workers of Elkay Manufacturing, Broadview, Illinois (Elkay
Broadview). The workers are engaged in activities related to the
production of stainless steel sinks, counters, and cabinets.
The investigation revealed that workers of Elkay Broadview,
who are engaged in activities related to production of
stainless steel sinks, counters, and cabinets, 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 or are threatened with total or partial separation.
Criterion II has been satisfied because there has been a
shift in production of stainless steel sinks, counters, and
cabinets by Elkay Broadview to a foreign country.
Criterion III has been met because the shift in production
of stainless steel sinks, counters, and cabinets by Elkay
Broadview contributed importantly to worker group separations
at Elkay Broadview.







Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Elkay Manufacturing,
Broadview, Illinois, who are engaged in activities related to
production of stainless steel sinks, counters, and cabinets,
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 Elkay Manufacturing, Broadview, Illinois,
who became totally or partially separated from employment
on or after January 28, 2010, 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 16th day of February, 2011


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





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