Petitioner Type: State
Impact Date: 02/24/2003
Filed Date: 03/02/2004
Most Recent Update: 04/19/2004
Determination Date: 04/19/2004
Expiration Date: 04/19/2006
Employment and Training Administration
TA-W-54,393
JOHNSON CONTROLS INTERIOR
INTERIOR TECHNOLOGY PLANT
A DIVISION OF JOHNSON CONTROLS
HOLLAND, MICHIGAN
TA-W-54,393A
JOHNSON CONTROLS INTERIOR
COTTONWOOD PLANT
A DIVISION OF JOHNSON CONTROLS
HOLLAND, MICHIGAN
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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 March 2, 2004, in response to
a petition filed by a state workforce agency on behalf of workers
of Johnson Controls Interior, Interior Technology Plant, a division
of Johnson Controls, Holland, Michigan (TA-W-54,393) and Johnson
Controls Interior, Cottonwood Plant, a division of Johnson
Controls, Holland, Michigan (TA-W-54,393A). The workers at the
subject firm produce automotive headliners. The workers of the
subject firm are not separately identifiable between the Interior
Technology Plant and the Cottonwood Plant.
The investigation revealed that the subject firm leases
workers from Kelly Services, Holland, Michigan.
Furthermore, the investigation revealed the preponderance of
declines in employment at both plants is related to a shift in a
portion of the production of automotive headliners from Holland,
Michigan to Italy. Moreover, the investigation revealed that
imports of automotive headliners are likely to increase.
In addition, 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 eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criteria 1 and 2 have not
been met.
The investigation revealed that a significant number of
workers of the subject firm are not age 50 or over. Furthermore,
the workers possess skills that are easily transferable to other
positions in the area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Italy of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"Workers engaged in employment related to the production of
automotive headliners at Johnson Controls Interior, Interior
Technology Plant, a division of Johnson Controls, including
leased workers from Kelly Services, Holland, Michigan (TA-W-
54,393), and workers of Johnson Controls Interior, Cottonwood
Plant, a division of Johnson Controls, including leased
workers from Kelly Services, Holland, Michigan (TA-W-54,393A),
who became totally or partially separated from employment on
or after February 24, 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
"I further determine that workers engaged in employment
related to the production of automotive headliners at Johnson
Controls Interior, Interior Technology Plant, a division of Johnson
Controls, including leased workers from Kelly Services, Holland,
Michigan (TA-W-54,393), and workers of Johnson Controls Interior,
Cottonwood Plant, a division of Johnson Controls, including leased
workers from Kelly Services, Holland, Michigan (TA-W-54,393A), 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 19th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance