Petitioner Type: Company
Impact Date: 01/23/2005
Filed Date: 01/25/2006
Most Recent Update: 02/14/2006
Determination Date: 02/14/2006
Expiration Date: 02/14/2008
Employment and Training Administration
TA-W-58,703
TI AUTOMOTIVE
OVEN DEPARTMENT
BRAKE & FUEL/MARYSVILLE PLANT
MARYSVILLE, 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, 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 January 25, 2006, in
response to a petition filed by a company official on behalf of
workers of TI Automotive, Oven Department, Brake & Fuel/Marysville
Plant, Marysville, Michigan. Workers at the subject firm
manufactured oven formed parts, components of brake and fuel lines.
The investigation revealed that employment at the subject firm
decreased from 2004 to 2005.
Furthermore, the investigation revealed that oven formed part
production shifted from Marysville, Michigan 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 1 has not been
met.
The investigation revealed that there is not a significant
number of workers in the workers' firm that are 50 years of age or
older.
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 TI Automotive, Oven Department, Brake &
Fuel/Marysville Plant, Marysville, Michigan engaged in the
production of oven formed parts who became totally or
partially separated from employment on or after January 23,
2005 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 TI Automotive, Oven
Department, Brake & Fuel/Marysville Plant, Marysville, Michigan 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 14th day of February 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance