Petitioner Type: Company
Impact Date: 04/07/2007
Filed Date: 04/08/2008
Most Recent Update: 04/15/2008
Determination Date: 04/15/2008
Expiration Date: 04/15/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,156
TEMIC AUTOMOTIVE OF NORTH AMERICA, INC.
A WHOLLY-OWNED SUBSIDIARY OF CONTINENTAL AUTOMOTIVE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER INC., ADECCO,
USA INC., LINC FACILITY SERVICES,
CLEAN SWEEP JANITORIAL SERVICES INC.,
SECURITAS SECURITY SERVICES USA INC.,
NEXT GENERATION VENDING AND FOOD SERVICES, AND MECU
ELMA, NEW YORK
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 April 15, 2008,
applicable to workers of Temic Automotive of North America, Inc.,
a wholly-owned subsidiary of Continental Automotive Group,
including on-site leased workers from Manpower Inc., Adecco, and
USA Inc., Elma, New York. The notice was published in the Federal
Register on May 2, 2008 (73 FR 24318).
At the request of a firm official, the Department reviewed
the certification for workers of the subject firm. The subject
firm workers produce automotive electronics, including pressure
sensors, transmission controls, and power steering controllers
and are not separately identifiable by product.
New information shows that workers leased from Linc Facility
Services, Clean Sweep Janitorial Services Inc., Securitas
Security Services USA Inc., Next Generation Vending and Food
Services, and MECU were working on-site at the Elma, New York
location of the subject firm. The Department has determined that
these workers were sufficiently under the control of the subject
firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to leased workers of Linc Facility Services, Clean
Sweep Janitorial Services Inc., Securitas Security Services USA
Inc., Next Generation Vending and Food Services, and MECU working
on-site at the Elma, New York location of the subject firm.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift of production to a foreign country which is party to a free
trade agreement with the United States.
The amended notice applicable to TA-W-63,156 is hereby
issued as follows:
"All workers of Temic Automotive of North America, Inc., a
wholly-owned subsidiary of Continental Automotive Group,
including on-site leased workers from Manpower Inc., Adecco,
USA Inc., Linc Facility Services, Clean Sweep Janitorial
Services Inc., Securitas Security Services USA Inc., Next
Generation Vending and Food Services, and MECU, Elma, New
York, who became totally or partially separated from
employment on or after April 7, 2007, through April 15,
2010, 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 30th day of September 2009
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,156
TEMIC AUTOMOTIVE OF NORTH AMERICA, INC.
A WHOLLY-OWNED SUBSIDIARY OF CONTINENTAL AUTOMOTIVE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER INC., ADECCO, AND
USA INC.
ELMA, NEW YORK
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 April 8, 2008 in response
to a petition filed by a company official on behalf of workers of
Temic Automotive of North America, Inc., a wholly-owned subsidiary
of Continental Automotive Group, Elma, New York. The workers
produce automotive electronics, including pressure sensors,
transmission controls, and power steering controllers. The workers
are not separately identifiable by article.
The subject worker group includes on-site leased workers from
Manpower Inc., Adecco, and USA Inc.
The investigation revealed that employment at the subject firm
declined between 2006 and 2007 and in January through March 2008
when compared with the same period in 2007.
The subject firm is currently engaged in the process of
shifting a portion of production of automotive electronics to a
country (Mexico) which is party to a free trade agreement with the
United States.
In accordance with Section 246 of 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 Temic Automotive of North America, Inc., a
wholly-owned subsidiary of Continental Automotive Group,
including on-site leased workers from Manpower Inc., Adecco,
and USA Inc., Elma, New York, who became totally or partially
separated from employment on or after April 7, 2007 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 15th of April 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,156
TEMIC AUTOMOTIVE OF NORTH AMERICA, INC.
A WHOLLY-OWNED SUBSIDIARY OF CONTINENTAL AUTOMOTIVE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER INC., ADECCO,
USA INC., LINC FACILITY SERVICES,
CLEAN SWEEP JANITORIAL SERVICES INC.,
SECURITAS SECURITY SERVICES USA INC.,
NEXT GENERATION VENDING AND FOOD SERVICES, AND MECU
ELMA, NEW YORK
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 April 15, 2008,
applicable to workers of Temic Automotive of North America, Inc.,
a wholly-owned subsidiary of Continental Automotive Group,
including on-site leased workers from Manpower Inc., Adecco, and
USA Inc., Elma, New York. The notice was published in the Federal
Register on May 2, 2008 (73 FR 24318).
At the request of a firm official, the Department reviewed
the certification for workers of the subject firm. The subject
firm workers produce automotive electronics, including pressure
sensors, transmission controls, and power steering controllers
and are not separately identifiable by product.
New information shows that workers leased from Linc Facility
Services, Clean Sweep Janitorial Services Inc., Securitas
Security Services USA Inc., Next Generation Vending and Food
Services, and MECU were working on-site at the Elma, New York
location of the subject firm. The Department has determined that
these workers were sufficiently under the control of the subject
firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to leased workers of Linc Facility Services, Clean
Sweep Janitorial Services Inc., Securitas Security Services USA
Inc., Next Generation Vending and Food Services, and MECU working
on-site at the Elma, New York location of the subject firm.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift of production to a foreign country which is party to a free
trade agreement with the United States.
The amended notice applicable to TA-W-63,156 is hereby
issued as follows:
"All workers of Temic Automotive of North America, Inc., a
wholly-owned subsidiary of Continental Automotive Group,
including on-site leased workers from Manpower Inc., Adecco,
USA Inc., Linc Facility Services, Clean Sweep Janitorial
Services Inc., Securitas Security Services USA Inc., Next
Generation Vending and Food Services, and MECU, Elma, New
York, who became totally or partially separated from
employment on or after April 7, 2007, through April 15,
2010, 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 30th day of September 2009
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,156
TEMIC AUTOMOTIVE OF NORTH AMERICA, INC.
A WHOLLY-OWNED SUBSIDIARY OF CONTINENTAL AUTOMOTIVE GROUP
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER INC., ADECCO, AND
USA INC.
ELMA, NEW YORK
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 April 8, 2008 in response
to a petition filed by a company official on behalf of workers of
Temic Automotive of North America, Inc., a wholly-owned subsidiary
of Continental Automotive Group, Elma, New York. The workers
produce automotive electronics, including pressure sensors,
transmission controls, and power steering controllers. The workers
are not separately identifiable by article.
The subject worker group includes on-site leased workers from
Manpower Inc., Adecco, and USA Inc.
The investigation revealed that employment at the subject firm
declined between 2006 and 2007 and in January through March 2008
when compared with the same period in 2007.
The subject firm is currently engaged in the process of
shifting a portion of production of automotive electronics to a
country (Mexico) which is party to a free trade agreement with the
United States.
In accordance with Section 246 of 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 Temic Automotive of North America, Inc., a
wholly-owned subsidiary of Continental Automotive Group,
including on-site leased workers from Manpower Inc., Adecco,
and USA Inc., Elma, New York, who became totally or partially
separated from employment on or after April 7, 2007 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 15th of April 2008
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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