DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,098

YORK, A JOHNSON CONTROLS COMPANY
BUILDING EFFICIENCY DIVISION
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER AND
JFC STAFFING ASSOCIATES
YORK, PENNSYLVANIA

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 March 28, 2006, in response
to a petition filed by the International Union, United Automobile,
Aerospace, & Agricultural Implement Workers of America (UAW),
Region 8 and Local 1872 on behalf of workers of York, a Johnson
Controls Company, Building Efficiency Division, York, Pennsylvania.
The workers manufacture OM chillers.
The subject firm also leased workers from Manpower and JFC
Staffing Associates.
Workers of the subject firm were previously certified eligible
to apply for adjustment assistance and alternative trade adjustment
assistance under petition number TA-W-52,904 which expired October
30, 2005.
The investigation revealed that employment declined from 2004
to 2005, and during the period of January through March 2006 when
compared with the same period of 2006.
Furthermore, the subject firm shifted the production of OM
chillers to a country (Mexico) that is party to a free trade
agreement with the United States during the relevant period.
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 York, a Johnson Controls Company, Building
Efficiency Division, York, Pennsylvania including on-site
leased workers of Manpower and JFC Staffing Associates who
became totally or partially separated from employment on or
after October 31, 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 19th day of April 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance