Petitioner Type: State
Impact Date:
Filed Date: 03/09/2020
Most Recent Update: 01/15/2021
Determination Date: 01/15/2021
Expiration Date:
Employment and Training Administration
TA-W-95,788
HONEYWELL SAFETY PRODUCTS
ENGINEERING DESIGN SERVICES
A SUBSIDIARY OF HONEYWELL INTERNATIONAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM CORTECH LLC
FRANKLIN, PENNSYLVANIA
TA-W-95,788A
HONEYWELL SAFETY PRODUCTS
PRODUCTION WORKERS
A SUBSIDIARY OF HONEYWELL INTERNATIONAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM CORTECH LLC
FRANKLIN, PENNSYLVANIA
Determinations 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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
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 the workers' firm must
have become totally or partially separated or be threatened
with total or partial separation.
(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers' firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers'
firm was directly incorporated 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.
(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers' separation or
threat of separation.
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 or service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied
if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
The investigation was initiated in response to a petition
filed on March 9, 2020, by a State Workforce Office on behalf of
workers of Honeywell Safety Products, Engineering Design
Services, a subsidiary of Honeywell International Inc.,
including on-site leased workers from CorTech LLC, Franklin,
Pennsylvania (TA-W-95,788) and Honeywell Safety Products,
Production Workers, a subsidiary of Honeywell International
Inc., including on-site leased workers from CorTech LLC,
Franklin, Pennsylvania (TA-W-95,788A).
Honeywell Safety Products is a global manufacturer of
Personal Protection Equipment (PPE), which primarily serves the
markets for general safety and preparedness, first responders, and
electrical safety. The subject workers of the firm's Franklin,
Pennsylvania location are engaged in activities related to the
supply of internal engineering design services (TA-W-95,788).
This work supports the firm's internal operations and involves
machine design, sustenance support, CAD work, prototyping, and
technical writing/documentation. The worker group also comprises
of production workers (TA-W-95,788A), which manufacture "make-to-
order" fall harnesses, lanyards, anchors, ropes, cables, shock
absorbing attachments, and tie-off railings.
For reference, Honeywell Safety Products, Franklin,
Pennsylvania also consists of Technical Support Specialists within
the Technical Support Job Function, which were previously
certified eligible to apply for Trade Adjustment Assistance under
petition no. TA-W-95,206. The petition certification that covers
the Technical Support Specialists expires on November 30, 2021,
and has no bearings on the determination issued under this current
investigation.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
TA-W-95,788
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 internal engineering design services
which contributed importantly to the worker group separations at
Honeywell Safety Products, Franklin, Pennsylvania.
TA-W-95,788A
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that company imports did not increase.
Imports of articles like or directly competitive to make-to-
order fall harnesses, lanyards, anchors, ropes, cables, shock
absorbing attachments, and tie-off railings, were not reported
during 2018, 2019, or for January through February 2020.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Honeywell Safety Products, Franklin,
Pennsylvania did not shift the production of make-to-order fall
harnesses, lanyards, anchors, ropes, cables, shock absorbing
attachments, and tie-off railings, or a like or directly
competitive article to a foreign country, or acquire these
products or a like or directly competitive article from a foreign
country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Honeywell Safety Products, Franklin,
Pennsylvania is not a Supplier or does not act as a 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). It was verified by the workers' firm that there
were no major declining customers to which the firm experienced a
major loss of business during 2018, 2019, or for January through
February 2020.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers' firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Honeywell Safety
Products, Engineering Design Services, a subsidiary of Honeywell
International Inc., including on-site leased workers from
CorTech LLC, Franklin, Pennsylvania (TA-W-95,788), who are
engaged in activities related to the supply of internal
engineering design services, 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 Honeywell Safety Products, Engineering
Design Services, a subsidiary of Honeywell International
Inc., including on-site leased workers from CorTech LLC,
Franklin, Pennsylvania (TA-W-95,788), who became totally or
partially separated from employment on or after March 6,
2019, 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."
Additionally, I determine that the requirements of Section
222 of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Honeywell Safety
Products, Production Workers, a subsidiary of Honeywell
International Inc., including on-site leased workers from
CorTech LLC, Franklin, Pennsylvania (TA-W-95,788A), engaged in
activities related to the production of make-to-order fall
harnesses, lanyards, anchors, ropes, cables, shock absorbing
attachments, and tie-off railings, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 15th day of January, 2021.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance