DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,869

PROTEAM, INC.
A SUBSIDIARY OF EMERSON TOOL COMPANY
ACCOUNTING AND CUSTOMER SERVICE DEPARTMENTS
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL SERVICES, PERSONNEL PLUS, ELWOOD
STAFFING, SELECT STAFFING AND ADECCOBOISE, IDAHO

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the Trade
Preferences Extension Act of 2015, Public Law No. 114-27, section
405(a)(1)(A), the investigation into this petition was reopened for a
reconsideration investigation to apply the requirements for worker
group eligibility under chapter 2 of title II of the Trade Act of 1974,
as amended by the TAARA 2015, to the facts of this petition (statutory
reconsideration).

The initial investigation, initiated March 10, 2015, resulted
in a negative determination, issued on April 10, 2015, that was based
on a D-5 determination that the firm does not produce an article. The
determination was applicable to workers and former workers of ProTeam,
Inc., a subsidiary of Emerson Tool Company, Accounting and Customer
Service Departments, Boise, Idaho. The workers’ firm is engaged in
activities related to the supply of accounting and customer service
in support of the firm’s commercial vacuum cleaner manufacturing
business. The subject worker group includes on-site leased workers
from Express Personnel Services, Personnel Plus, Elwood Staffing,
Select Staffing and Adecco.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that that the
subject firm shifted services to a foreign country.

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 the supply of a service like or directly
competitive with the service supplied by the workers which contributed
7importantly to worker group separations at ProTeam, Inc., a subsidiary
of Emerson Tool Company, Accounting and Customer Service Departments,
Boise, Idaho.

Conclusion

After careful review, I determine that workers of ProTeam, Inc.,
a subsidiary of Emerson Tool Company, Accounting and Customer Service
Departments, including on-site leased workers from Express Personnel
Services, Personnel Plus, Elwood Staffing, Select Staffing and Adecco
Boise, Idaho, who are engaged in activities related to the supply of
accounting and customer service in support of the firm’s commercial
vacuum cleaner manufacturing business, 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 ProTeam, Inc., a subsidiary of Emerson Tool
Company, Accounting and Customer Service Departments, including
on-site leased workers from Express Personnel Services, Personnel
Plus, Elwood Staffing, Select Staffing and Adecco Boise, Idaho who
became totally or partially separated from employment on or after
March 9, 2014, 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 5th day of August, 2015.


/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-85,869

PROTEAM, INC.
A SUBSIDIARY OF EMERSON TOOL COMPANY
ACCOUNTING AND CUSTOMER SERVICE DEPARTMENTS
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PERSONNEL
SERVICES, PERSONNEL PLUS, ELWOOD STAFFING, SELECT STAFFING AND
ADECCO
BOISE, IDAHO

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 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) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
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 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.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
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 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
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on March 10, 2015 by a company official on behalf of workers
of ProTeam, Inc., a subsidiary of Emerson Tool Company, Accounting
and Customer Service Departments, Boise, Idaho. The workers' firm
is engaged in activities related to the supply of accounting and
customer service in support of the firm's commercial vacuum cleaner
business. The worker group includes on-site leased workers from
Express Personnel Services, Personnel Plus, Elwood Staffing,
Select Staffing and Adecco.
The petitioner alleges that the firm's customer service jobs
and accounting positions are being moved to a foreign country.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that ProTeam, Inc. does not produce
an article within the meaning of Section 222(a) or Section 222(b)
of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article. The definition
of a firm includes an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied accounting and customer
services. The investigation confirmed that the firm's commercial
vacuum cleaners are produced outside the United States.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of ProTeam, Inc., a
subsidiary of Emerson Tool Company, Accounting and Customer Service
Departments, on-site leased workers from Express Personnel
Services, Personnel Plus, Elwood Staffing, Select Staffing and
Adecco, Boise, Idaho engaged in activities related to the supply
of accounting and customer service in support of the firm's
foreign-made commercial vacuum cleaners are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 10th day of April, 2015.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance