Petitioner Type: Workers
Impact Date: 02/03/2005
Filed Date: 02/21/2006
Most Recent Update: 03/31/2006
Determination Date: 03/31/2006
Expiration Date: 03/31/2008
Employment and Training Administration
TA-W-58,871
TYCO ELECTRONICS
TDI BATTERY DIVISION
A DIVISION OF TYCO INTERNATIONAL
INCLUDING LEASED WORKERS OF KELLY SERVICES
LOMBARD, ILLINOIS
Certification 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 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 February 21, 2006 in
response to a petition filed on behalf of workers of Tyco
Electronics, TDI Battery Division, a division of Tyco
International, Lombard, Illinois is the subject of this
investigation. The workers of the subject facility produce battery
packs, used in applications such as cell phones and laptop
computers.
The subject worker group includes onsite leased workers of
Kelly Services.
The investigation revealed that sales, production and
employment at the subject facility all declined upon the facility's
shutdown, which occurred on December 31, 2005.
The subject facility began shifting production of battery
packs to China in 2005. The shift is still ongoing and imports of
battery packs from China have already begun.
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 addition, 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 China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Tyco Electronics, TDI Battery Division, a
division of Tyco International, including leased workers of
Kelly Services, Lombard, Illinois who became totally or
partially separated from employment on or after February 3,
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 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 31st day of March 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance