DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,084

NORTHERN INDUSTRIAL ERECTORS, INC.
GRAND RAPIDS, MINNESOTA

Notice of Negative Determination
on Reconsideration

On November 1, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Northern Industrial
Erectors, Inc., Grand Rapids, Minnesota. The notice was published
in the Federal Register on December 2, 2016 (81 FR 87079).
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on no shifts in services to a foreign country by the workers’
firm, no imports of steel erection services, no secondary impact,
not named by the International Trade Commission in a
determination of injury.
In the request for reconsideration the petitioner claims that
workers are secondarily-affected as downstream producers.
Information obtained during the reconsideration investigation
confirmed that the firm does not act as a secondary supplier or
downstream producer to a firm whose workers were certified eligible
to apply for Trade Adjustment Assistance. The workers’ firm was
not providing “…value-added production processes or services
include(ing) final assembly, finishing, testing, packaging, or
maintenance or transportation services” to be deemed a Downstream
Producer according to section 222(c) of the Trade Act.
Furthermore, the workers’ firm cannot be considered a Supplier “…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 a
group of workers employed by such other firm.” The services
supplied occurred prior to production and did not support their
customer(s) production.
Upon reconsideration the Department confirmed this information
with both the subject firm and its customers.
Conclusion
After careful reconsideration, I determine that the
requirements of Section 222 of the Act, 19 U.S.C. § 2272, have not
been met and affirm the original notice of negative determination
of eligibility to apply for worker adjustment assistance for
workers and former workers of Northern Industrial Erectors, Inc.,
Grand Rapids, Minnesota, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. on this 1st day of October, 2019

/s/Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,804

SCHNEIDER ELECTRIC
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
PERU, 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 April 7, 2017 by a union official: International
Association of Machinists and Aerospace Workers (IAMAW) on
behalf of workers of Schneider Electric, Peru, Indiana
("Schneider Electric"). The workers' firm is engaged in
activities related to the production of panelboards (interior,
box, and trim). The subject worker group includes on-site
leased workers from Volt.
During the course of the investigation, information was
collected from the petitioner and 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 the production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Schneider Electric.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Schneider Electric,
including on-site leased workers from Volt, Peru, Indiana, who
are engaged in activities related to the production of
panelboards (interior, box, and trim) 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 Schneider Electric, including on-site
leased workers from Volt, Peru, Indiana, who became
totally or partially separated from employment on or after
April 6, 2016, 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 22nd day of June 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance