Petitioner Type: Union
Impact Date: 12/04/2005
Filed Date: 12/06/2006
Most Recent Update: 12/19/2006
Determination Date: 12/19/2006
Expiration Date: 12/19/2008
Employment and Training Administration
TA-W-60,541
SIEMENS VDO AUTOMOTIVE CORPORATION
FORMERLY KNOWN AS AMERICAN ELECTRONIC CORPORATION
A SUBSIDIARY OF SIEMENS AG
SENSORS DIVISION – ELKHART FACILTIY
NOW KNOWN AS
CONTINENTAL AG
ELKHART, INDIANA
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on December 19, 2006,
applicable to workers of Siemens VDO Automotive Corporation,
formerly known as American Electronic Corp., a subsidiary of
Siemens AG, Sensors Div., - Elkhart Facility, Elkhart, Indiana.
The notice was published in the Federal Register on January 16,
2007 (72 FR 1770).
At the request of International Brotherhood of Teamsters,
(IBT), Local 364, the Department reviewed the certification for
workers of the subject firm. The workers were engaged in the
production of electronic sensor devices for automobiles.
New information shows that following a change in ownership,
Siemens VDO Automotive Corporation, formerly known as American
Electronic Corporation, a subsidiary of Siemens AG, Sensors
Division – Elkhart Facility, is now known as Continental AG.
Workers separated from employment at the subject firm had
their wages reported under a separate unemployment insurance (UI)
tax account for Continental AG.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of Siemens VDO Automotive Corporation, formerly known
as American Electronic Corporation, a subsidiary of Siemens AG,
Sensors Division – Elkhart Facility, now known as Continental AG,
who were adversely affected by a shift in production of
electronic sensor devices for automobiles to Mexico.
The amended notice applicable to TA-W-60,541 is hereby
issued as follows:
"All workers of Siemens VDO Automotive Corporation, formerly
known as American Electronics Corporation, a subsidiary of
Siemens AG, Sensors Division – Elkhart Facility, now known
as Continental AG, Elkhart, Indiana, who became totally or
partially separated from employment on or after December 4,
2005, through December 19, 2008, 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 at Washington, D.C. this 20th day of December 2007.
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,541
SIEMENS VDO AUTOMOTIVE CORPORATION
FORMERLY KNOWN AS AMERICAN ELECTRONIC CORPORATION
A SUBSIDIARY OF SIEMENS AG
SENSORS DIVISION – ELKHART FACILITY
ELKHART, INDIANA
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 December 6, 2006, in response to a petition filed by the
Chauffeurs, Teamsters, and Helpers local 364 on behalf of workers of Siemens VDO Automotive
Corporation, formerly known as American Electronics Corporation, a subsidiary of Siemens AG,
Sensors Division – Elkhart Facility, Elkhart, Indiana. The workers at the subject facility produce
electronic sensor devices for automobiles.
The investigation revealed that employment at the subject facility is threatened to decline.
Furthermore, the investigation revealed that the subject firm has been shifting production of
electronic sensor devices for automobiles from the subject facility to a country (Mexico) that is a
party to a free trade agreement with the United States.
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 do not possess skills that
are 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 Siemens VDO Automotive Corporation, formerly known as American
Electronics Corporation, a subsidiary of Siemens AG, Sensors Division – Elkhart Facility,
Elkhart, Indiana, who became totally or partially separated from employment on or after
December 4, 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 December 2006.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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