Petitioner Type: Workers
Impact Date:
Filed Date: 03/20/2007
Most Recent Update: 05/08/2007
Determination Date: 05/08/2007
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,149
JOHNSON CONTROLS BATTERY GROUP, INC.
FULLERTON DISTRIBUTION CENTER
FULLERTON, CALIFORNIA
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Johnson
Controls Battery Group, Inc., Fullerton Distribution Center,
Fullerton, California. The application did not contain new
information supporting a conclusion that the determination was
erroneous, and also did not provide a justification for
reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
Therefore, dismissal of the application was issued.
TA-W-61,149; Johnson Controls Battery Group, Inc.
Fullerton Distribution Center
Fullerton, California (July 13, 2007)
Signed at Washington, D.C. this 18th day of July 2007.
/s/ RICHARD CHURCH
_______________________
RICHARD CHURCH
Certifying Officer Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,149
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 March 20, 2007, 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 were primarily engaged in forming, filling and the
distribution of lead-acid automotive batteries.
The investigation revealed that criteria (I.C) and (II.B) have not
been met.
Company sales and production of batteries increased during 2005
compared with 2006 period.
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 investigation revealed that the predominant cause of the
layoffs at the subject facility was related to a transfer of the
functions performed from the subject facility to another domestic
facility. The company shifted plant production to a new domestic
facility to cut costs, gain better technology, logistics and improve
business structure.
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 8th day of May, 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 2 -
Employment and Training Administration
TA-W-61,149
JOHNSON CONTROLS BATTERY GROUP, INC.
FULLERTON DISTRIBUTION CENTER
FULLERTON, CALIFORNIA
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Johnson
Controls Battery Group, Inc., Fullerton Distribution Center,
Fullerton, California. The application did not contain new
information supporting a conclusion that the determination was
erroneous, and also did not provide a justification for
reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
Therefore, dismissal of the application was issued.
TA-W-61,149; Johnson Controls Battery Group, Inc.
Fullerton Distribution Center
Fullerton, California (July 13, 2007)
Signed at Washington, D.C. this 18th day of July 2007.
/s/ RICHARD CHURCH
_______________________
RICHARD CHURCH
Certifying Officer Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,149
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 March 20, 2007, 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 were primarily engaged in forming, filling and the
distribution of lead-acid automotive batteries.
The investigation revealed that criteria (I.C) and (II.B) have not
been met.
Company sales and production of batteries increased during 2005
compared with 2006 period.
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 investigation revealed that the predominant cause of the
layoffs at the subject facility was related to a transfer of the
functions performed from the subject facility to another domestic
facility. The company shifted plant production to a new domestic
facility to cut costs, gain better technology, logistics and improve
business structure.
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 8th day of May, 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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