Petitioner Type: Workers
Impact Date:
Filed Date: 05/24/2004
Most Recent Update: 07/07/2004
Determination Date: 07/07/2004
Expiration Date:
Employment and Training Administration
TA-W-54,968
JOHNSON CONTROLS BATTERY GROUP, INC.
BATTERY AND TECHNICAL CENTER
GLENDALE PLANT
MILWAUKEE, WISCONSIN
Negative 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.
The investigation was initiated on May 24, 2004 in response
to a petition filed on behalf of workers of Johnson Controls
Battery Group, Inc., Battery and Technical Center, Glendale
Plant, Milwaukee, Wisconsin. Workers of the subject firm are
separately identifiable by Analytical Services and Component
Design workers. The petitioning group of workers was engaged in
activities in the component design areas. Workers developed and
supported the product design of the batteries and the
polypropylene containers manufactured by the company. These
workers also reviewed materials used in the manufacturing of the
product to ensure that those materials confirmed to the
specification for the design of the product.
The investigation revealed that Johnson Controls Battery
Group, Inc., Battery and Technical Center, Glendale Plant,
Milwaukee, Wisconsin, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or
appropriate subdivision. The investigation revealed that
although the company does produce an article(s) the design work
described above was shifted overseas, not the production of the
batteries and/or polypropylene.
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.
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 are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtain in this
investigation, I determine that workers of Johnson Controls
Battery Group, Inc., Battery and Technical Center, Glendale
Plant, Milwaukee, Wisconsin engaged in employment related to
component design are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 7th day of July 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance