Petitioner Type: Union
Impact Date: 04/06/2004
Filed Date: 04/11/2005
Most Recent Update: 04/21/2005
Determination Date: 04/21/2005
Expiration Date: 04/21/2007
Employment and Training Administration
TA-W-56,944
JOHNSON CONTROLS, INC.
CONTROLS SP DIVISION
GOSHEN, INDIANA
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Reconsideration
In a letter dated May 3, 2005, a company official requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA) for workers of the subject firm.
The certification for Trade Adjustment Assistance was signed on
April 21, 2005. The Department’s notice of determination will
soon be published in the Federal Register.
The initial investigation determined that the subject worker
group possesses skills that are easily transferable.
In the request for reconsideration, the company official
stated that the ATAA question regarding transferable skills was
misunderstood and provided new information regarding the skills
possessed by members of the subject worker group.
During the reconsideration investigation, the Department
sought additional information regarding the workers’ skills from
the subject company.
Based on the new information, the Department has determined
that the workers possess skills which are not easily transferable
to other positions in the local area.
The initial investigation revealed that at least five
percent of the workforce at the subject firm is at least fifty
years of age. Conditions within the controls industry are
adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
of the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Johnson Controls, Inc., Controls SP
Division, Goshen, Indiana, who became totally or partially
separated from employment on or after April 6, 2004 through
April 21, 2007, 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 12th day of May 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,944
JOHNSON CONTROLS, INC.
CONTROLS SP DIVISION
GOSHEN, INDIANA
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, 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 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 April 11, 2005, in response
to a petition filed by the International Brotherhood of Electrical
Workers-AFL-CIO-CLC (IBEW), Local 1109 on behalf of workers at
Johnson Controls, Inc., Controls SP Division, Goshen, Indiana.
Workers at the subject firm produce sub-assemblies & components for
refrigeration and temperature controls; workers are not separately
identifiable by product line.
Employment at the subject firm declined from 2004 through
January through March 2005.
Furthermore, the investigation revealed that some of the sub-
assemblies & components for refrigeration and temperature control
production at the subject firm will shift from Goshen, Indiana to a
country (Mexico) that is a party to a free trade agreement with the
United States.
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 criterion 2 has not been
met.
The investigation revealed workers in the workers’ firm do
not possess skills that are not easily transferable.
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 Johnson Controls, Inc., Controls SP Division,
Goshen, Indiana, who became totally or partially separated
from employment on or after April 6, 2004 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 all workers of Johnson Controls,
Inc., Controls SP Division, Goshen, Indiana are denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of April 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance