Petitioner Type: Workers
Impact Date: 04/04/2005
Filed Date: 04/06/2005
Most Recent Update: 05/13/2005
Determination Date: 05/13/2005
Expiration Date: 07/08/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,885
CTNA AKRON TEST CENTER
A SUBSIDIARY OF CONTINENTAL TIRE NORTH AMERICA (CTNA), INC.
AKRON, OHIO
Notice of Revised Determination
on Reconsideration
By application of May 25, 2005, petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on May 13, 2005 and
published in the Federal Register on June 13, 2005 (70 FR 34154).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at CTNA Akron
Test Center, a subsidiary of Continental Tire North America,
Inc., Akron, Ohio engaged in testing services was denied because
the petitioning workers did not produce an article within the
meaning of Section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as a
service and further conveys that the petitioning group of workers
was in direct support of CTNA manufacturing facility in Mayfield,
Kentucky. The workers of CTNA, Mayfield, Kentucky were certified
eligible for TAA on July 7, 2003. CTNA plant in Mayfield,
Kentucky ceased production of tires and shifted it to Mexico in
December 2004.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
company official stated that workers of the subject facility
performed quality testing on finished tires to ensure compliance
to DOT requirements. Thus, the workers were engaged in
activities related to the production of tires.
The official further confirmed that workers of the subject
firm supported production of tires at an affiliated plant, CTNA
plant located in Mayfield, Kentucky prior to its closure in
December of 2004.
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 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 determine 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 subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of the CTNA Akron Test Center, a subsidiary of
Continental Tire North America, Inc., Akron, Ohio who became
totally or partially separated from employment on or after
April 4, 2005 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974
Signed at Washington, D.C., this 8th day of July, 2005.
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,885
CTNA AKRON TEST CENTER
A SUBSIDIARY OF CONTINENTAL TIRE NORTH AMERICA, INC.
AKRON, OHIO
Negative Determination 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 April 6, 2005 in response
to a petition filed on behalf of workers at CTNA Akron Test Center,
a subsidiary of Continental Tire North America, Inc., Akron, Ohio.
The workers provide tire testing services for internal product
development purposes.
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 domestically 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 production of an article(s) occurred within
the firm or appropriate subdivision, the workers at the Akron
facility do not directly support this production. The workers
receive tires to test them so that the results may be used by the
company’s development and quality groups for product improvement.
Thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
The predominant cause of worker separations, which will occur
with the scheduled shutdown of the facility on May 31, 2005, is the
shift of testing responsibilities to an affiliated facility in
Germany.
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 assis-
tance (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, I determine that all workers of CTNA
Akron Test Center, a subsidiary of Continental Tire North
America, Inc., Akron, Ohio 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 in Washington, D.C., this 13th day of May, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-56,885
CTNA AKRON TEST CENTER
A SUBSIDIARY OF CONTINENTAL TIRE NORTH AMERICA (CTNA), INC.
AKRON, OHIO
Notice of Revised Determination
on Reconsideration
By application of May 25, 2005, petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The denial notice was signed on May 13, 2005 and
published in the Federal Register on June 13, 2005 (70 FR 34154).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at CTNA Akron
Test Center, a subsidiary of Continental Tire North America,
Inc., Akron, Ohio engaged in testing services was denied because
the petitioning workers did not produce an article within the
meaning of Section 222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as a
service and further conveys that the petitioning group of workers
was in direct support of CTNA manufacturing facility in Mayfield,
Kentucky. The workers of CTNA, Mayfield, Kentucky were certified
eligible for TAA on July 7, 2003. CTNA plant in Mayfield,
Kentucky ceased production of tires and shifted it to Mexico in
December 2004.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
company official stated that workers of the subject facility
performed quality testing on finished tires to ensure compliance
to DOT requirements. Thus, the workers were engaged in
activities related to the production of tires.
The official further confirmed that workers of the subject
firm supported production of tires at an affiliated plant, CTNA
plant located in Mayfield, Kentucky prior to its closure in
December of 2004.
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 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 determine 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 subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of the CTNA Akron Test Center, a subsidiary of
Continental Tire North America, Inc., Akron, Ohio who became
totally or partially separated from employment on or after
April 4, 2005 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974
Signed at Washington, D.C., this 8th day of July, 2005.
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,885
CTNA AKRON TEST CENTER
A SUBSIDIARY OF CONTINENTAL TIRE NORTH AMERICA, INC.
AKRON, OHIO
Negative Determination 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 April 6, 2005 in response
to a petition filed on behalf of workers at CTNA Akron Test Center,
a subsidiary of Continental Tire North America, Inc., Akron, Ohio.
The workers provide tire testing services for internal product
development purposes.
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 domestically 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 production of an article(s) occurred within
the firm or appropriate subdivision, the workers at the Akron
facility do not directly support this production. The workers
receive tires to test them so that the results may be used by the
company’s development and quality groups for product improvement.
Thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
The predominant cause of worker separations, which will occur
with the scheduled shutdown of the facility on May 31, 2005, is the
shift of testing responsibilities to an affiliated facility in
Germany.
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 assis-
tance (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, I determine that all workers of CTNA
Akron Test Center, a subsidiary of Continental Tire North
America, Inc., Akron, Ohio 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 in Washington, D.C., this 13th day of May, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance