DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,800A

JOHNSON CONTROLS, INC.
SOUTHVIEW PLANT
DOOR PANEL LINE
INCLUDING LEASED WORKERS OF KELLY SERVICES
HOLLAND, MICHIGAN


Notice of Revised Determination
on Reconsideration

By letter dated July 16, 2004, a company official requested
administrative reconsideration regarding the Departments Negative
Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance and Alternative Trade Adjustment Assistance
(ATAA), applicable to the workers of the subject firm. The
determination covering workers of Johnson Controls, Inc.,
Southview Plant, Sun Visor Line and Door Panel Line, including
leased workers of Kelly Services, Holland, Michigan, (TA-W-54,800
and TA-W-54,800A) certified the Sun Visor Line for TAA and ATAA
but denied TAA and ATAA certification to the Door Panel Line.
The Department’s determination was signed on June 23, 2004.
The Department’s Notice of Determination was published in the
Federal Register on August 3, 2004 (69 FR 46574).
The initial investigation determined that workers of the Sun
Visor Line are separately identifiable from the Door Panel Line.
On reconsideration the company contact alleged that the
workers of the Sun Visor Line are not separately identifiable
from the Door Panel Line. Further contact with the company
established that the workers of Johnson Controls, Inc., Southview
Plant, Sun Visor Line and Door Panel Line, Holland, Michigan are
not separately identifiable by product line.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that workers are not separately
identifiable at the subject firm and that a shift in production
of another article produced at the Holland, Michigan contributed
to the total or partial separation of workers at the subject
firm. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Johnson Controls, Inc., Southview Plant,
Door Panel Line, Holland, Michigan, including leased workers
of Kelly Services working onsite at the subject facility,
who became totally or partially separated from employment on
or after April 8, 2003 through June 23, 2006, 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 24th day of September 2004.

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,800
JOHNSON CONTROLS, INC.
SOUTHVIEW PLANT
SUN VISOR LINE
INCLUDING LEASED WORKERS OF KELLY SERVICES
HOLLAND, MICHIGAN

TA-W-54,800A
JOHNSON CONTROLS, INC.
SOUTHVIEW PLANT
DOOR PANEL LINE
INCLUDING LEASED WORKERS OF KELLY SERVICES
HOLLAND, MICHIGAN

Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an 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 for directly-
impacted (primary) workers under Section 222(a) the Trade Act of
1974, as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on April 28, 2004 in response
to a petition filed by a company official on behalf of workers at
Johnson Controls, Inc., Southview Plant, Sun Visor Line, Holland,
Michigan (TA-W-54,800), and Johnson Controls, Inc., Southview
Plant, Door Panel Line, Holland, Michigan (TA-W-54,800A). The
workers at the Sun Visor Line produce sun visors for automobiles,
and workers at the Door Panel Line produce automotive door panels.
It is determined in the case of the workers of the Johnson
Controls, Inc., Southview Plant, Sun Visor Line, Holland, Michigan
that the requirements of (a)(2)(B) of Section 222 have been met.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of sun visors to a
country (Mexico) that is a party to a free trade agreement with the
United States.
It is determined in the case of Johnson Controls, Inc.,
Southview Plant, Door Panel Line, Holland, Michigan that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The investigation revealed that Johnson Controls, Inc.,
Southview Plant, Door Panel Line, Holland, Michigan did not import
automotive door panels or shift production abroad during 2002, 2003
or January through March 2004.
The Department of Labor surveyed the entities to which the
subject firm submitted bids for production of door panels during
the relevant period. Results of this survey indicated that these
contracts were awarded to other domestic sources.
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 the requirements of Section
246 have been met for workers of Johnson Controls, Inc., Southview
Plant, Sun Visor Line, Holland, Michigan (TA-W-54,800). 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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers of Johnson Controls, Inc., Southview Plant, Door
Panel Line, Holland, Michigan (TA-W-54,800A) are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
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 Mexico of articles that are
like or directly competitive with those produced by the workers of
Johnson Controls, Inc., Southview Plant, Sun Visor Line, Holland,
Michigan (TA-W-54,800). In accordance with the provisions of the
Act, I make the following certification:


“All workers of Johnson Controls, Inc., Southview Plant, Sun
Visor Line, including leased workers from Kelly Services,
Holland, Michigan (TA-W-54,800), who became totally or
partially separated from employment on or after April 8, 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."
Furthermore, I determine that all workers of Johnson Controls,
Inc., Southview Plant, Door Panel Line, including leased workers
from Kelly Services, Holland, Michigan (TA-W-54,800A), are denied
eligibility to apply for adjustment assistance under section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed at Washington, D.C., this 23rd day of June 2004.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance