Petitioner Type: Company
Impact Date: 04/10/2007
Filed Date: 04/29/2008
Most Recent Update: 06/12/2008
Determination Date: 06/12/2008
Expiration Date: 06/12/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,271
HORTON AUTOMATICS
A SUBSIDIARY OF OVERHEAD DOOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM REMEDY STAFFING
CORPUS CHRISTI, TEXAS
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 June 12, 2008,
applicable to workers of Horton Automatics, including on-site
leased workers from Remedy Staffing, Corpus Christi, Texas. The
notice was published in the Federal Register on June 27, 2008 (73
FR 36575).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the subassembly of parts for automatic windows and
doors.
New information shows that Horton Automatics is a subsidiary
of Overhead Door Corporation and that some of the workers wages
at the subject firm are being reported under the Unemployment
Insurance (UI) tax account for Overhead Door Corporation.
Accordingly, the Department is amending this certification
to include workers of the subject firm whose UI wages are
reported under the parent firm, Overhead Door Corporation.
The amended notice applicable to TA-W-63,271 is hereby
issued as follows:
"Workers engaged in the subassembly of parts at Horton
Automatics, a subsidiary of Overhead Door Corporation,
including on-site leased workers from Remedy Staffing,
Corpus Christi, Texas, who became totally or partially
separated from employment on or after April 10, 2007,
through June 12, 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 25th day of August 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-63,271
HORTON AUTOMATICS
INCLUDING ON-SITE LEASED WORKERS FROM REMEDY STAFFING
CORPUS CHRISTI, TEXAS
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 29, 2008 in response
to a petition filed by a company official on behalf of workers of
Horton Automatics, Corpus Christi, Texas. The firm produces
automatic doors and windows. The workers covered by this petition
are engaged in subassembly of parts for automatic windows and
doors.
The subject firm also leased workers from Remedy Staffing.
Employment at the subject firm declined from 2006 to 2007, and
during the period of January through 2008, when compared to the
same time period in 2007.
The investigation revealed that the subject firm has shifted
the production of subassembly parts to a country (Mexico) that is
party to a free trade agreement with the United States during the
relevant period.
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 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 has been a shift in
production to Mexico of articles that are like or directly
competitive with the subassembly of parts for automatic doors and
windows produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"Workers engaged in the subassembly of parts at Horton
Automatics, including on-site leased workers from Remedy
Staffing, Corpus Christi, Texas, who became totally separated
from employment on April 10, 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 at Washington, D.C., this 12th day of June 2008
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
5
Employment and Training Administration
TA-W-63,271
HORTON AUTOMATICS
A SUBSIDIARY OF OVERHEAD DOOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM REMEDY STAFFING
CORPUS CHRISTI, TEXAS
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 June 12, 2008,
applicable to workers of Horton Automatics, including on-site
leased workers from Remedy Staffing, Corpus Christi, Texas. The
notice was published in the Federal Register on June 27, 2008 (73
FR 36575).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the subassembly of parts for automatic windows and
doors.
New information shows that Horton Automatics is a subsidiary
of Overhead Door Corporation and that some of the workers wages
at the subject firm are being reported under the Unemployment
Insurance (UI) tax account for Overhead Door Corporation.
Accordingly, the Department is amending this certification
to include workers of the subject firm whose UI wages are
reported under the parent firm, Overhead Door Corporation.
The amended notice applicable to TA-W-63,271 is hereby
issued as follows:
"Workers engaged in the subassembly of parts at Horton
Automatics, a subsidiary of Overhead Door Corporation,
including on-site leased workers from Remedy Staffing,
Corpus Christi, Texas, who became totally or partially
separated from employment on or after April 10, 2007,
through June 12, 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 25th day of August 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-63,271
HORTON AUTOMATICS
INCLUDING ON-SITE LEASED WORKERS FROM REMEDY STAFFING
CORPUS CHRISTI, TEXAS
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 29, 2008 in response
to a petition filed by a company official on behalf of workers of
Horton Automatics, Corpus Christi, Texas. The firm produces
automatic doors and windows. The workers covered by this petition
are engaged in subassembly of parts for automatic windows and
doors.
The subject firm also leased workers from Remedy Staffing.
Employment at the subject firm declined from 2006 to 2007, and
during the period of January through 2008, when compared to the
same time period in 2007.
The investigation revealed that the subject firm has shifted
the production of subassembly parts to a country (Mexico) that is
party to a free trade agreement with the United States during the
relevant period.
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 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 has been a shift in
production to Mexico of articles that are like or directly
competitive with the subassembly of parts for automatic doors and
windows produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"Workers engaged in the subassembly of parts at Horton
Automatics, including on-site leased workers from Remedy
Staffing, Corpus Christi, Texas, who became totally separated
from employment on April 10, 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 at Washington, D.C., this 12th day of June 2008
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
5