Petitioner Type: Union
Impact Date: 08/13/2013
Filed Date: 08/14/2014
Most Recent Update: 09/25/2014
Determination Date: 09/25/2014
Expiration Date: 09/25/2016
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM BRISTOL COMPUTER SERVICES, KELLY SERVICES AND ENSIN MAINTENANCE SERVICES
BARBOURSVILLE, WEST VIRGINIA
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 September 25, 2014, applicable to workers of SMC Electrical Products, Inc., a subsidiary of Becker Mining America, Inc., including on-site leased workers from Bristol Computer Services and Kelly Services, Barboursville, West Virginia (TA-W-85,483). The Department’s Notice of Determination was published in the Federal Register on September 11, 2014 (79 FR 54291).
At the request of a state workforce official, the Department reviewed the certification for workers of the subject firm. The firm is engaged in the production of electrical power control systems.
The investigation confirmed that workers of Ensin Maintenance Services were employed on-site and were sufficiently under the control of the subject firm to be considered leased workers.
The amended notice applicable to TA-W-85,483 and TA-W-85,483A is hereby issued as follows:
"All workers of SMC Electrical Products, Inc., a subsidiary of Becker Mining America, Inc., including on-site leased workers from Bristol Computer Services, Kelly Services and Ensin Maintenance Services, Barboursville, West Virginia (TA-W-85,483) and SMC Electrical Products, Inc., a subsidiary of Becker Mining America, Inc., including on-site leased workers from Bristol Computer Services and Kelly Services, Delta, Colorado (TA-W-85,483A) who became totally or partially separated from employment on or after August 13, 2013 through September 26, 2016 are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 25th day of February, 2015
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BRISTOL COMPUTER SERVICES, KELLY SERVICES AND
ENSIN MAINTENANCE SERVICES
BARBOURSVILLE, WEST VIRGINIA
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 September 25, 2014,
applicable to workers of SMC Electrical Products, Inc.,
a subsidiary of Becker Mining America, Inc., including
on-site leased workers from Bristol Computer Services
and Kelly Services, Barboursville, West Virginia
(TA-W-85,483). The Department’s Notice of Determination
was published in the Federal Register on September 11,
2014 (79 FR 54291).
At the request of a state workforce official, the
Department reviewed the certification for workers of
the subject firm. The firm is engaged in the production
of electrical power control systems.
The investigation confirmed that workers of Ensin
Maintenance Services were employed on-site and were
sufficiently under the control of the subject firm to
be considered leased workers. The amended notice
applicable to TA-W-85,483 and TA-W-85,483A is
hereby issued as follows:
"All workers of SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including
on-site leased workers from Bristol Computer Services,
Kelly Services and Ensin Maintenance Services,
Barboursville, West Virginia (TA-W-85,483) and SMC
Electrical Products, Inc., a subsidiary of Becker
Mining America, Inc., including on-site leased workers
from Bristol Computer Services and Kelly Services,
Delta, Colorado (TA-W-85,483A) who became totally or
partially separated from employment on or after
August 13, 2013 through September 26, 2016 are eligible
to apply for adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974,
as amended.”
Signed in Washington, D.C. this 25th day of February, 2015
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483A
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BRISTOL COMPUTER SERVICES AND KELLY SERVICES
DELTA, COLORADO
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 September 25, 2014,
applicable to workers of SMC Electrical Products, Inc.,
a subsidiary of Becker Mining America, Inc., including
on-site leased workers from Bristol Computer Services
and Kelly Services, Barboursville, West Virginia
(TA-W-85,483). The Department’s Notice of Determination
was published in the Federal Register on September 11, 2014
(79 FR 54291). At the request of a petitioning union official,
the Department reviewed the certification for workers of the
subject firm. The firm is engaged in the production of
electrical power control systems. The investigation confirmed
that worker separations at SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including on-site
leased workers from Bristol Computer Services and Kelly Services,
Barboursville, West Virginia (TA-W-85,483) are attributable to
increased imports of electrical power control systems, as are
worker separations at the Delta, Colorado facility. The amended
notice applicable to TA-W-85,483 and TA-W-85,483A is hereby
issued as follows:
"All workers of SMC Electrical Products, Inc., a subsidiary of
Becker Mining America, Inc., including on-site leased workers
from Bristol Computer Services and Kelly Services, Barboursville,
West Virginia (TA-W-85,483) and SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including on-site leased
workers from Bristol Computer Services and Kelly Services, Delta,
Colorado (TA-W-85,483A) who became totally or partially separated
from employment on or after August 13, 2013 through September 26,
2016 are eligible to apply for adjustment assistance under Chapter
2 of Title II of the Trade Act of 1974, as amended, and are also
eligible to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 8th day of December, 2014
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BRISTOL COMPUTER SERVICES AND KELLY SERVICES
BARBOURSVILLE, WEST VIRGINIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such
firm or subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision.
The investigation was initiated in response to a petition
filed on August 14, 2014 by the International Brotherhood of
Teamsters, Local 175, on behalf of workers of SMC Electrical
Products, Inc., a subsidiary of Becker Mining America, Inc.,
including on-site leased workers from Bristol Computer
Services and Kelly Services, Barboursville, West Virginia
(subject firm or "SMC"). The workers' firm is engaged in
activities related to the production of electrical power control
systems. The petition alleges a shift of production to Mexico
and increased imports of component parts.
During the course of the investigation, information was
collected from the workers' firm and publically available
sources.
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)(A)(i) has been met because the sales
and/or production of electrical power control systems by SMC
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by SMC have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at the subject
firm.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older. Section 246(a)(3)(A)(ii)(II) has been met
because the workers in the workers' firm possess skills that are
not easily transferrable. Section 246(a)(3)(A)(ii)(III) has
been met because conditions within the workers' industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SMC Electrical
Products, Inc., Barboursville, West Virginia, who are engaged
in activities related to the production of electrical power
control systems, meet the worker group certification criteria
under 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 SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including on-
site leased workers from Bristol Computer Services and
Kelly Services, Barboursville, West Virginia, who became
totally or partially separated from employment on or after
August 13, 2013, 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 are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 25th day of September 2014.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,483
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM BRISTOL COMPUTER SERVICES, KELLY SERVICES AND ENSIN MAINTENANCE SERVICES
BARBOURSVILLE, WEST VIRGINIA
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 September 25, 2014, applicable to workers of SMC Electrical Products, Inc., a subsidiary of Becker Mining America, Inc., including on-site leased workers from Bristol Computer Services and Kelly Services, Barboursville, West Virginia (TA-W-85,483). The Department’s Notice of Determination was published in the Federal Register on September 11, 2014 (79 FR 54291).
At the request of a state workforce official, the Department reviewed the certification for workers of the subject firm. The firm is engaged in the production of electrical power control systems.
The investigation confirmed that workers of Ensin Maintenance Services were employed on-site and were sufficiently under the control of the subject firm to be considered leased workers.
The amended notice applicable to TA-W-85,483 and TA-W-85,483A is hereby issued as follows:
"All workers of SMC Electrical Products, Inc., a subsidiary of Becker Mining America, Inc., including on-site leased workers from Bristol Computer Services, Kelly Services and Ensin Maintenance Services, Barboursville, West Virginia (TA-W-85,483) and SMC Electrical Products, Inc., a subsidiary of Becker Mining America, Inc., including on-site leased workers from Bristol Computer Services and Kelly Services, Delta, Colorado (TA-W-85,483A) who became totally or partially separated from employment on or after August 13, 2013 through September 26, 2016 are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 25th day of February, 2015
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BRISTOL COMPUTER SERVICES, KELLY SERVICES AND
ENSIN MAINTENANCE SERVICES
BARBOURSVILLE, WEST VIRGINIA
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 September 25, 2014,
applicable to workers of SMC Electrical Products, Inc.,
a subsidiary of Becker Mining America, Inc., including
on-site leased workers from Bristol Computer Services
and Kelly Services, Barboursville, West Virginia
(TA-W-85,483). The Department’s Notice of Determination
was published in the Federal Register on September 11,
2014 (79 FR 54291).
At the request of a state workforce official, the
Department reviewed the certification for workers of
the subject firm. The firm is engaged in the production
of electrical power control systems.
The investigation confirmed that workers of Ensin
Maintenance Services were employed on-site and were
sufficiently under the control of the subject firm to
be considered leased workers. The amended notice
applicable to TA-W-85,483 and TA-W-85,483A is
hereby issued as follows:
"All workers of SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including
on-site leased workers from Bristol Computer Services,
Kelly Services and Ensin Maintenance Services,
Barboursville, West Virginia (TA-W-85,483) and SMC
Electrical Products, Inc., a subsidiary of Becker
Mining America, Inc., including on-site leased workers
from Bristol Computer Services and Kelly Services,
Delta, Colorado (TA-W-85,483A) who became totally or
partially separated from employment on or after
August 13, 2013 through September 26, 2016 are eligible
to apply for adjustment assistance under Chapter 2 of
Title II of the Trade Act of 1974, as amended, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974,
as amended.”
Signed in Washington, D.C. this 25th day of February, 2015
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483A
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BRISTOL COMPUTER SERVICES AND KELLY SERVICES
DELTA, COLORADO
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 September 25, 2014,
applicable to workers of SMC Electrical Products, Inc.,
a subsidiary of Becker Mining America, Inc., including
on-site leased workers from Bristol Computer Services
and Kelly Services, Barboursville, West Virginia
(TA-W-85,483). The Department’s Notice of Determination
was published in the Federal Register on September 11, 2014
(79 FR 54291). At the request of a petitioning union official,
the Department reviewed the certification for workers of the
subject firm. The firm is engaged in the production of
electrical power control systems. The investigation confirmed
that worker separations at SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including on-site
leased workers from Bristol Computer Services and Kelly Services,
Barboursville, West Virginia (TA-W-85,483) are attributable to
increased imports of electrical power control systems, as are
worker separations at the Delta, Colorado facility. The amended
notice applicable to TA-W-85,483 and TA-W-85,483A is hereby
issued as follows:
"All workers of SMC Electrical Products, Inc., a subsidiary of
Becker Mining America, Inc., including on-site leased workers
from Bristol Computer Services and Kelly Services, Barboursville,
West Virginia (TA-W-85,483) and SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including on-site leased
workers from Bristol Computer Services and Kelly Services, Delta,
Colorado (TA-W-85,483A) who became totally or partially separated
from employment on or after August 13, 2013 through September 26,
2016 are eligible to apply for adjustment assistance under Chapter
2 of Title II of the Trade Act of 1974, as amended, and are also
eligible to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 8th day of December, 2014
/s/Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,483
SMC ELECTRICAL PRODUCTS, INC.
A SUBSIDIARY OF BECKER MINING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BRISTOL COMPUTER SERVICES AND KELLY SERVICES
BARBOURSVILLE, WEST VIRGINIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(A)(i) the sales or production, or both, of such
firm or subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision.
The investigation was initiated in response to a petition
filed on August 14, 2014 by the International Brotherhood of
Teamsters, Local 175, on behalf of workers of SMC Electrical
Products, Inc., a subsidiary of Becker Mining America, Inc.,
including on-site leased workers from Bristol Computer
Services and Kelly Services, Barboursville, West Virginia
(subject firm or "SMC"). The workers' firm is engaged in
activities related to the production of electrical power control
systems. The petition alleges a shift of production to Mexico
and increased imports of component parts.
During the course of the investigation, information was
collected from the workers' firm and publically available
sources.
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)(A)(i) has been met because the sales
and/or production of electrical power control systems by SMC
have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by SMC have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at the subject
firm.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older. Section 246(a)(3)(A)(ii)(II) has been met
because the workers in the workers' firm possess skills that are
not easily transferrable. Section 246(a)(3)(A)(ii)(III) has
been met because conditions within the workers' industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SMC Electrical
Products, Inc., Barboursville, West Virginia, who are engaged
in activities related to the production of electrical power
control systems, meet the worker group certification criteria
under 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 SMC Electrical Products, Inc., a
subsidiary of Becker Mining America, Inc., including on-
site leased workers from Bristol Computer Services and
Kelly Services, Barboursville, West Virginia, who became
totally or partially separated from employment on or after
August 13, 2013, 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 are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 25th day of September 2014.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance