Petitioner Type: Union
Impact Date:
Filed Date: 10/30/2006
Most Recent Update: 12/12/2006
Determination Date: 12/12/2006
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,328
JOHNSON CONTROLS BATTERY GROUP, INC.
FULLERTON DISTRIBUTION CENTER
FULLERTON, CALIFORNIA
Negative Determinations 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 group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on October 30, 2006, in
response to a petition filed on behalf of workers of Johnson
Controls Battery Group, Inc., Fullerton Distribution Center,
Fullerton, California. The workers at the subject firm produced
and distributed lead-acid automotive batteries.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
Sales and production at the subject firm increased during
2005 compared with 2004 and also during the period January
through October 2006 as compared with the same period in 2005.
The investigation also revealed that the subject firm did
not shift production of lead-acid automotive batteries to a
foreign country during the relevant period.
The predominant cause of the layoffs at the subject
facility was the transfer of the production and distribution of
lead-acid automotive batteries from the subject facility to
another domestic facility.
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.
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
Johnson Controls Battery Group, Inc., Fullerton Distribution
Center, Fullerton, California, 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 12th day of December 2006
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance