Petitioner Type: Workers
Impact Date:
Filed Date: 09/28/2001
Most Recent Update: 12/14/2001
Determination Date: 12/14/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,136
EMERSON PROCESS MANAGEMENT
REGULATOR DIVISION
MCKINNEY, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated in response to a petition received on September 28, 2001, filed on behalf of workers at Emerson Process Management, Regulator Division, McKinney, Texas. The workers produced regulators for gas pipelines.
The investigation revealed that criterion (3) was not met.
The investigation findings show that from 1999 to 2000, production and employment decreased as production was transferred to a foreign plant.
The subject firm experienced increases in sales and production during the period from October 2000 to August 2001 as compared with the same period in 1999-2000. The subject firm also decreased its imports of regulators for gas pipelines during the same time period.
On November 19, 2001, a NAFTA Transitional Adjustment Assistance certification was issued for workers at the subject firm (NAFTA 5329).
Conclusion
After careful review, I determine that all workers of Emerson Process Management, Regulator Division, McKinney, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 14th day of December 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,136
EMERSON PROCESS MANAGEMENT
REGULATOR DIVISION
MCKINNEY, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated in response to a petition received on September 28, 2001, filed on behalf of workers at Emerson Process Management, Regulator Division, McKinney, Texas. The workers produced regulators for gas pipelines.
The investigation revealed that criterion (3) was not met.
The investigation findings show that from 1999 to 2000, production and employment decreased as production was transferred to a foreign plant.
The subject firm experienced increases in sales and production during the period from October 2000 to August 2001 as compared with the same period in 1999-2000. The subject firm also decreased its imports of regulators for gas pipelines during the same time period.
On November 19, 2001, a NAFTA Transitional Adjustment Assistance certification was issued for workers at the subject firm (NAFTA 5329).
Conclusion
After careful review, I determine that all workers of Emerson Process Management, Regulator Division, McKinney, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 14th day of December 2001.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance