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TAW-82076A  /  Leased Workers from Aerotek and Top Echelon Network (Fort Wayne, IN)

Petitioner Type: Company
Impact Date: 10/12/2011
Filed Date: 10/15/2012
Most Recent Update: 11/28/2012
Determination Date: 11/28/2012
Expiration Date: 11/28/2014

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,076

MANITOWOC FOODSERVICE
LINCOLN FOODSERVICE
LINCOLN FOODSERVICE DIVISION
A SUBSIDIARY OF THE MANTOWOC COMPANY
FORT WAYNE, INDIANA

TA-W-82,076A

LEASED WORKERS FROM AEROTEK AND
TOP ECHELON NETWORK
WORKING ON-SITE AT MANITOWOC FOODSERVICE
LINCOLN FOODSERVICE
LINCOLN FOODSERVICE DIVISION
FORT WAYNE, 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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on October 12, 2012 by a company official on behalf of
Manitowoc Foodservice, Lincoln Foodservice, Lincoln Foodservice
Division, a subsidiary of The Manitowoc Company, Fort Wayne,
Indiana (Manitowoc Foodservice). The workers were engaged in
employment related to the production of commercial conveyor and
microwave ovens. The worker group includes on-site leased workers
from Aerotek and Top Echelon Network.
Workers of Manitowoc Foodservice, Lincoln Service, Lincoln
Foodservice Division, a subsidiary of The Manitowoc Company, Fort
Wayne, Indiana were covered by certification TA-W-73,552 that
expired on June 8, 2012. The on-site leased workers from Aerotek
and Top Echelon Network were not covered by that certification.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(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(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country production of articles like or
directly competitive with articles produced by the workers which
contributed importantly to worker group separations at Manitowoc
Foodservice, Fort Wayne, Indiana.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Manitowoc Foodservice,
Lincoln Foodservice, Lincoln Foodservice Division, a subsidiary
of The Manitowoc Company, Fort Wayne, Indiana, who are engaged in
activities related to production of commercial conveyor and
microwave ovens, 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 Manitowoc Foodservice, Lincoln Foodservice,
Lincoln Foodservice Division, a subsidiary of The Manitowoc
Company, Fort Wayne, Indiana, (TA-W-82,076) who became
totally or partially separated from employment on or after
June 9, 2012 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,
AND
All leased workers from Aerotek and Top Echelon Network,
working on-site at Manitowoc Foodservice, Lincoln
Foodservice, Lincoln Foodservice Division, a subsidiary of
The Manitowoc Company, Fort Wayne, Indiana (TA-W-82,076A)
who became totally or partially separated from employment on
or after October 12, 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 28th day of November, 2012
/s/ Michael W. Jaffe
____________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance