Petitioner Type: Union
Impact Date: 02/17/2003
Filed Date: 02/18/2004
Most Recent Update: 03/11/2004
Determination Date: 03/11/2004
Expiration Date: 03/11/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,297
JOHNSON CONTROLS, INC.
AUTOMOTIVE SYSTEMS GROUP
DAYTON, NEW JERSEY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on February 18, 2004, in
response to a petition filed by the UAW Union, Local #495 on behalf
of workers of Johnson Controls, Inc., Automotive Systems Group,
Dayton, New Jersey. The workers produce automobile seating units
and seat parts.
The investigation revealed that a shift in production from the
subject facility to China and other foreign countries occurred
during the period of investigation; layoffs at the subject firm
resulted from this shift in production. The investigation further
revealed that company imports increased during the relevant period.
In addition, statistics compiled by the United States
International Trade Commission (ITC) revealed that aggregate U.S.
imports of motor vehicle seats from all sources increased sharply
in 2003 compared with 2002.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligi-
bility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to foreign countries of articles
that are like or directly competitive with those produced by the
subject firm or subdivision, and there has been an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Johnson Controls, Inc., Automotive Systems
Group, Dayton, New Jersey who became totally or partially
separated from employment on or after February 17, 2003
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C. this 11th day of March, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance