Certified
« back to search results

TAW-60993  /  Guardian Automotive (Lagrange, GA)

Petitioner Type: Workers
Impact Date: 02/14/2006
Filed Date: 02/21/2007
Most Recent Update: 03/26/2007
Determination Date: 03/26/2007
Expiration Date: 03/26/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,993

GUARDIAN AUTOMOTIVE
A SUBSIDIARY OF GUARDIAN INDUSTRIES CORPORATION
INCLUDING ON-SITE LEASED WORKERS
FROM KELLY SERVICES AND MANPOWER SERVICES
LAGRANGE, GEORGIA

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on March 26, 2007,
applicable to workers of Guardian Automotive, a subsidiary of
Guardian Industries Corporation, including on-site leased workers
from Kelly Services, LaGrange, Georgia. The notice was published
in the Federal Register on April 10, 2007 (72 FR 17936).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of automotive trim.
New information shows that in August 2008, the subject firm
switched its’ on-site leased worker contract from Kelly Services
to Manpower Services. The Department has determined that workers
leased from Manpower Services were sufficiently under the control
of Guardian Automotive, a subsidiary of Guardian Industries
Corporation to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Manpower Services
working on-site at the LaGrange, Georgia location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Guardian Automotive, a subsidiary of
Guardian Industries Corporation, LaGrange, Georgia who are
secondarily affected.


The amended notice applicable to TA-W-60,993 is hereby issued as
follows:
"All workers of Guardian Automotive, a subsidiary of
Guardian Industries Corporation, including on-site
leased workers of Kelly Services and Manpower Services,
LaGrange, Georgia, who became totally or partially
separated from employment on or after February 14,
2006, through March 26, 2009, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974.”
I further determine that all workers of Guardian
Automotive, a subsidiary of Guardian Industries
Corporation, including on-site leased workers from
Kelly Services and Manpower Services, LaGrange,
Georgia, are denied eligibility 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 November 2008


/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-60,993

GUARDIAN AUTOMOTIVE
A SUBSIDIARY OF GUARDIAN INDUSTRIES CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
LAGRANGE, GEORGIA

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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on February 21, 2007, in
response to a petition filed on behalf of workers of Guardian
Automotive, A subsidiary of Guardian Industries Corporation,
LaGrange, Georgia. Workers at the subject facility produce
automotive trim.
The investigation revealed that production and employment at
the subject facility declined during the relevant period.
The investigation revealed that Guardian Automotive, A
subsidiary of Guardian Industries Corporation, LaGrange, Georgia,
supplies components and a loss of business with a manufacturer of
motor vehicles whose workers were certified eligible to apply for
adjustment assistance contributed importantly to the separation or
threat of separation of workers at Guardian Automotive, A
subsidiary of Guardian Industries Corporation, LaGrange, Georgia.
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 two has not been
met.
The investigation revealed that the workers of the subject
facility possess skills that are easily transferable to other
positions in the local area.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Guardian Automotive, A
subsidiary of Guardian Industries Corporation, LaGrange, Georgia,
qualify as adversely affected secondary workers under Section 222
of the Trade Act of 1974, as amended. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Guardian Automotive, A subsidiary of Guardian
Industries Corporation, LaGrange, Georgia, including on-site
leased workers from Kelly Services, who became totally or
partially separated from employment on or after February 14,
2006, through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974.”


I further determine that all workers of Guardian Automotive, A
subsidiary of Guardian Industries Corporation, LaGrange,
Georgia, including on-site leased workers from Kelly Services,
are denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 26th day of March 2007


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







- 7 -