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TAW-82024  /  Thermo King Corporation (Louisville, GA)

Petitioner Type: State
Impact Date: 10/01/2011
Filed Date: 10/02/2012
Most Recent Update: 11/16/2012
Determination Date: 11/16/2012
Expiration Date: 11/16/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,024

THERMO KING CORPORATION
A SUBSIDIARY OF INGERSOLL-RAND
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER AND AEROTEK PROFESSIONAL SERVICES
LOUISVILLE, GEORGIA

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the production
or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on October 2, 2012 by on behalf of workers of Thermo King
Corporation, a subsidiary of Ingersoll-Rand, Louisville, Georgia
(Thermo King Corporation). The workers' firm is engaged in
activities related to the production of HVAC units and
compressors. The subject worker group includes on-site leased
workers from Manpower and Aerotek Professional Services.
During the course of the investigation, information was
collected from the workers' firm and the firm's customers.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(b)(2) has been met because Thermo King
Corporation is a Supplier to a firm that employed a group of
workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), and such supply
is related to the finished article that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by Thermo King Corporation with the firm that employed
a certified worker group contributed importantly to worker
separations at Thermo King Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Thermo King
Corporation, a subsidiary of Ingersoll-Rand, including on-site
leased workers from Manpower and Aerotek Professional Services
Louisville, Georgia, who are engaged in activities related to
the production of HVAC units and compressors meet the worker
group certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:


"All workers of Thermo King Corporation, a subsidiary of
Ingersoll-Rand, including on-site leased workers from
Manpower and Aerotek Professional Services Louisville,
Georgia, who became totally or partially separated from
employment on or after October 1, 2011 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 November, 2012.


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