Petitioner Type: State
Impact Date: 09/18/2019
Filed Date: 09/24/2020
Most Recent Update: 02/11/2021
Determination Date: 02/11/2021
Expiration Date: 02/11/2023
Employment and Training Administration
TA-W-96,306
ITRON INC.
CORPORATE OFFICE
LIBERTY LAKE, WASHINGTON
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Trade Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition
dated September 18, 2020 and filed on September 24, 2020 by a State
Workforce Office, on behalf of the workers of Itron Inc.,
Corporate Office, Liberty Lake, Washington (hereafter referred
to as the "worker group"). In accordance with 20 C.F.R. 618 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers."
The worker group is engaged in activities related to the
supply of design, test, support and implementation services and
are not separately identifiable by service.
The petition alleged that worker separations, or threats
thereof, were due to foreign trade because "We have customers
around the (world) and to have services in same time zones in an
effort to support them. This means having global offices to
support their needs."
During the course of the investigation, the Department
collected information from the petitioner, the workers' firm,
and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618 states that an analysis of separation data
must generally consist of a "(1) comparison of employment on the
petition date to employment on the date that is 1 year prior to
the petition date; (2) review of employment activity during the
1-year period prior to the petition date; and (3) review of
evidence provided by the workers' firm regarding actual and
threatened separations that occur, or are scheduled to occur,
after the petition date."
The Department determines that the employment criterion
has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to
a foreign country in the production of articles or the supply
of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
(II) such workers' firm has acquired from a foreign
country articles or services that are like or
directly competitive with articles which are
produced or services which are supplied by such
firm;
20 C.F.R. 618 states that an analysis of shift/acquisition
data must generally consist of a comparison of shift/acquisition
data on the petition date to shift/acquisition data that is 1
year prior to the petition date; (2) review of shift/acquisition
activity during the 1-year period prior to the petition date;
and (3) review of evidence provide by the workers' firm regarding
shift/acquisition activity scheduled to occur after the petition
date.
The Department determines that the shift criterion has been
met.
Contributed Importantly Criterion
(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines
contributed importantly as "a cause that is important but not
necessarily more important than any other cause."
According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of
impact of shift activity on worker separations must generally
consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the
shift activity and worker separations or threat of separation;
(2) What percentage of the workers' firm sales or production
declines was attributable to the firm's shift activity; (3)
Whether operations at the workers' firm domestic facility or
facilities decreased at the same or at a greater rate than
operations at the foreign facility or facilities; and (4) Whether
there are other events or factors that mitigate or amplify the
impact of shift activity on the workers' firm. (B) The impact
may be determined using a quantitative or qualitative analysis."
The Department determines that the contributed importantly
criterion has been met.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Itron Inc., Corporate
Office, Liberty Lake, Washington, who are engaged in activities
related to the supply of design, test, support and implementation
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 Itron Inc., Corporate Office, Liberty Lake,
Washington, who became totally or partially separated from
employment on or after September 18, 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."
Signed in Washington, D.C. this 11th day of February, 2021
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance