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TAW-75113  /  Thomas & Betts Corporation (Mercer, PA)

Petitioner Type: Union
Impact Date: 01/14/2010
Filed Date: 01/19/2011
Most Recent Update: 04/18/2011
Determination Date: 04/18/2011
Expiration Date: 04/18/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,113

THOMAS & BETTS CORPORATION
HVAC DIVISION
MERCER, PENNSYLVANIA

Certification 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.
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:
I. 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.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on January 19, 2011 by the United Steelworkers (USW),
Local 5306, on behalf of workers of Thomas & Betts Corporation,
HVAC Division, Mercer, Pennsylvania (Thomas & Betts). The
workers are engaged in the production of industrial/commercial
heating, make-up air and cooling equipment. The worker group
does not include any leased workers.
The investigation revealed that the subject worker group at
Thomas & Betts, Mercer, Pennsylvania meets the criteria for
certification.
Criterion I has been met because a significant proportion
or number of workers at Thomas & Betts has been totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because Thomas & Betts is
shifting to a foreign country the production of articles like
or directly competitive with industrial/commercial heating,
make-up air and cooling equipment produced by the workers.
Criterion III has been met because the shift of
production to Mexico contributed importantly to worker group
separations at the Mercer, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Thomas & Betts
Corporation, HVAC Division, Mercer, Pennsylvania, who were
engaged in employment related to the production of
industrial/commercial heating, make-up air and cooling
equipment, 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 Thomas & Betts Corporation, HVAC Division,
Mercer, Pennsylvania, who became totally or partially
separated from employment on or after January 14, 2010,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on 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 18th day of April, 2011


/s/Del Min Amy Chen__________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance