Petitioner Type: Workers
Impact Date:
Filed Date: 01/22/2002
Most Recent Update: 01/22/2002
Determination Date: 01/22/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,590
ALFA LAVAL INC.
FORMERLY KNOWN AS TRI-CLOVER
KENOSHA, WISCONSIN
Notice of Negative Determination
Regarding Application for Reconsideration
By application of February 21, 2002, the International
Association of Machinists and Aerospace Workers, Lodge 34
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 22,
2002, and published in the Federal Register on February 5, 2002
(67 FR 5293).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition, filed on behalf of workers at Alfa Laval Inc.,
formerly known as Tri-Clover, Kenosha, Wisconsin producing
fittings, valves and pumps was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The
investigation revealed that increased imports did not contribute
importantly to worker separations at the subject firm during the
relevant period. The investigation further revealed that during
2000, Tri-Clover was acquired by a company that also owned Alfa
Laval. As both companies produced similar product lines, a
strategic business decision was made to consolidate production
among multiple facilities. Thus declines in sales, production
and employment were attributable to eliminating excess capacity.
Plant production of valves and pumps were scheduled to be shifted
to other domestic locations during mid-2002. Plant production of
fittings was transferred to a foreign source, but was not
imported back to the United States during the relevant period.
The petitioner appears to be alleging that shifts in subject
plant production of fittings to a foreign source occurred and
that plant production of valves and pumps will be shifted to
foreign sources in the near future, therefore the workers of the
subject plant should be considered eligible for TAA.
An examination of the initial investigation revealed that
shifts in production (fittings) at the subject firm have
occurred. The other products (valves and pumps) produced at the
subject firm were scheduled to be shifted during mid-2002. The
shifts in production (also outsourcing) to foreign sources is not
relevant to meeting criterion (3) of the Trade Act of 1974. The
products produced by the subject firm would have to be imported
back into the United States and also must "contribute
importantly" to the layoffs at the subject firm for the worker
groups engaged in producing fittings, valves and pumps to be
certified eligible to apply for TAA. No such evidence was
provided to show that this occurred during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 6th day of May, 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
CORRECTED COPY
January 30, 2002
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,590
ALFA LAVAL INC.
FORMERLY KNOWN AS TRI-CLOVER
KENOSHA, WISCONSIN
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
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on January 22, 2002, in
response to a petition filed on behalf of workers at Alfa Laval,
formerly known as Tri-Clover, Kenosha, Wisconsin. Workers are
separately identifiable between fittings, pumps and valves.
The investigation revealed that criterion (3) has not been
met.
The subject firm has not imported any competitive products
in the relevant period.
The investigation further revealed that Tri-Clover was
acquired by a company that also owned Alfa Laval in 2000. As both
companies produced similar product lines, a strategic business
decision was made to consolidate production among multiple
facilities. Thus declines in sales, production and employment are
attributable to eliminating excess capacity.
The investigation also revealed that pumps and valves are
scheduled to be shifted domestically in 2002. Production of
fittings has been transferred to a foreign source, but is not
currently being imported.
Conclusion
After careful review, I determine that all workers of Alfa
Laval, formerly known as Tri-Clover, Kenosha, Wisconsin, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of January, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,590
ALFA LAVAL INC.
FORMERLY KNOWN AS TRI-CLOVER
KENOSHA, WISCONSIN
Notice of Negative Determination
Regarding Application for Reconsideration
By application of February 21, 2002, the International
Association of Machinists and Aerospace Workers, Lodge 34
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 22,
2002, and published in the Federal Register on February 5, 2002
(67 FR 5293).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition, filed on behalf of workers at Alfa Laval Inc.,
formerly known as Tri-Clover, Kenosha, Wisconsin producing
fittings, valves and pumps was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The
investigation revealed that increased imports did not contribute
importantly to worker separations at the subject firm during the
relevant period. The investigation further revealed that during
2000, Tri-Clover was acquired by a company that also owned Alfa
Laval. As both companies produced similar product lines, a
strategic business decision was made to consolidate production
among multiple facilities. Thus declines in sales, production
and employment were attributable to eliminating excess capacity.
Plant production of valves and pumps were scheduled to be shifted
to other domestic locations during mid-2002. Plant production of
fittings was transferred to a foreign source, but was not
imported back to the United States during the relevant period.
The petitioner appears to be alleging that shifts in subject
plant production of fittings to a foreign source occurred and
that plant production of valves and pumps will be shifted to
foreign sources in the near future, therefore the workers of the
subject plant should be considered eligible for TAA.
An examination of the initial investigation revealed that
shifts in production (fittings) at the subject firm have
occurred. The other products (valves and pumps) produced at the
subject firm were scheduled to be shifted during mid-2002. The
shifts in production (also outsourcing) to foreign sources is not
relevant to meeting criterion (3) of the Trade Act of 1974. The
products produced by the subject firm would have to be imported
back into the United States and also must "contribute
importantly" to the layoffs at the subject firm for the worker
groups engaged in producing fittings, valves and pumps to be
certified eligible to apply for TAA. No such evidence was
provided to show that this occurred during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 6th day of May, 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
CORRECTED COPY
January 30, 2002
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,590
ALFA LAVAL INC.
FORMERLY KNOWN AS TRI-CLOVER
KENOSHA, WISCONSIN
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
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on January 22, 2002, in
response to a petition filed on behalf of workers at Alfa Laval,
formerly known as Tri-Clover, Kenosha, Wisconsin. Workers are
separately identifiable between fittings, pumps and valves.
The investigation revealed that criterion (3) has not been
met.
The subject firm has not imported any competitive products
in the relevant period.
The investigation further revealed that Tri-Clover was
acquired by a company that also owned Alfa Laval in 2000. As both
companies produced similar product lines, a strategic business
decision was made to consolidate production among multiple
facilities. Thus declines in sales, production and employment are
attributable to eliminating excess capacity.
The investigation also revealed that pumps and valves are
scheduled to be shifted domestically in 2002. Production of
fittings has been transferred to a foreign source, but is not
currently being imported.
Conclusion
After careful review, I determine that all workers of Alfa
Laval, formerly known as Tri-Clover, Kenosha, Wisconsin, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of January, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance