TAW-98258 / Schneider Electric Buildings Americas, Inc., GSC NAM Electronics Clovis (Clovis, CA)
Petitioner Type: Company
Impact Date: 04/12/2021
Filed Date: 04/13/2022
Most Recent Update: 05/04/2022
Determination Date: 05/04/2022
Expiration Date: 05/04/2024
Employment and Training Administration
TA-W-98,258
SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC.
GSC NAM ELECTRONICS CLOVIS DIVISION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
SCHNEIDER ELECTRIC BUILDINGS, LLC
CLOVIS, CALIFORNIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the 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 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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(B)(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 under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic 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
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated April 12, 2022, and
filed on April 13, 2022, by a Company Official on behalf of former
workers of Schneider Electric Buildings Americas, Inc., GSC NAM
Electronics Clovis division, including workers whose wages were
reported under Schneider Electric Buildings, LLC, Clovis,
California (hereafter referred to as the "worker group"). In
accordance with 20 CFR 618.110 a worker group is defined as,
""¦inclusive of teleworkers and staffed workers."
The group of workers is engaged in activities related to the
production of actuators, valves, and system controllers.
The petition alleges that worker separations, or threats
thereof, were due to "Reduction in workforce due to the closure
of Schneider Electric's Clovis, CA facility. A majority will
transfer to Monterrey, Mexico. Some machining processes will be
outsourced."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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 a shift in
production of actuators, valves, and system controllers to a
foreign country that is party to a free trade agreement with the
United States has occurred.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.
The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Schneider Electric
Buildings Americas, Inc., GSC NAM Electronics Clovis division,
including workers whose wages were reported under Schneider
Electric Buildings, LLC, Clovis, California, who are engaged in
activities related to the production of actuators, valves, and
system controllers, 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 Buildings Americas, Inc.,
GSC NAM Electronics Clovis division, including workers whose
wages were reported under Schneider Electric Buildings, LLC,
Clovis, California, who became totally or partially separated
from employment on or after April 12, 2021, 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; and I further determine that all
workers of Schneider Electric Buildings Americas, Inc., GSC
NAM Electronics Clovis division, including workers whose
wages were reported under Schneider Electric Buildings, LLC,
Clovis, California are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 4th day of May, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance