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TAW-94130  /  Nortek Global HVAC (Mercer, PA)

Petitioner Type: Company
Impact Date: 09/13/2017
Filed Date: 09/14/2018
Most Recent Update: 09/30/2018
Determination Date: 09/30/2018
Expiration Date: 09/30/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,130

NORTEK GLOBAL HVAC
LIGHT COMMERCIAL DIVISION
A SUBSIDIARY OF MELROSE INDUSTRIES PLC
MERCER, PENNSYLVANIA

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 September 14, 2018, by a company official on behalf of
workers of Nortek Global HVAC, Light Commercial division, a
subsidiary of Melrose Industries PLC, Mercer, Pennsylvania
("Nortek Global HVAC"). The workers' firm is engaged in
activities related to the production of air conditioning and
warm air heating equipment and commercial and industrial
refrigeration equipment.
During the course of the investigation, information was
collected from the petitioner and 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 the production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Nortek Global HVAC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nortek Global HVAC,
Light Commercial division, a subsidiary of Melrose Industries
PLC, Mercer, Pennsylvania, who are engaged in activities related
to the production of air conditioning and warm air heating
equipment and commercial and industrial refrigeration
equipment, 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 Nortek Global HVAC, Light Commercial
division, a subsidiary of Melrose Industries PLC, Mercer,
Pennsylvania, who became totally or partially separated
from employment on or after September 13, 2017, 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 30th day of September 2018.

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