Petitioner Type: Workers
Impact Date: 05/19/2007
Filed Date: 05/20/2008
Most Recent Update: 05/23/2008
Determination Date: 05/23/2008
Expiration Date: 09/15/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,410
COMAU, INC.
WARREN, MICHIGAN
Notice of Revised Determination
on Reconsideration
By application of June 25, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA).
The previous investigation resulted in a negative
determination signed on May 23, 2008, was based on the finding
that during the relevant time period, the subject company did not
separate or threaten to separate a significant number or
proportion of workers, as required by Section 222 of the Trade
Act of 1974. The denial notice was published in the Federal
Register on June 3, 2008 (73 FR 31716).
In the request for reconsideration, the petitioner stated
that even though employment at the subject facility had appeared
to be increasing, the subject firm separated a significant amount
of workers in the relevant period.
A company official was contacted to verify whether there
were separations at the subject facility since May 2007. The
company official stated that total employment at Comau, Inc.,
Warren, Michigan increased from May, 2008 over the corresponding
May, 2007. However, the official also clarified that Comau,
Inc. transferred several divisions from other Comau facilities to
the subject firm during July and August 2007. The official
further stated that a significant number of employees have been
separated from the subject facility since the transfer and there
was a threat of further separations in May 2008.
The investigation revealed that workers of the subject
facility are engaged in engineering, project management, and
financial functions. The company official stated that workers of
the subject facility were in direct support of production at
Comau, Inc., Novi, Michigan (TA-W- 63,751), Comau Plymouth
Engineering, Plymouth, Michigan (TA-W- 63,446), Comau, Inc.,
Macomb Township, Michigan (TA-W-63,430), and Comau, Inc.,
Southfield, Michigan, (TA-W-61,580) during the relevant period.
The above mentioned production facilities were certified eligible
for adjustment assistance.
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 increases of imports of articles
like or directly competitive with articles produced by Comau, Inc.
contributed importantly to the total or partial separation of
workers at the subject firm and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Comau, Inc., Warren, Michigan, who became
totally or partially separated from employment on or after
May 19, 2007, through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 15th day of September 2008
/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-63,410
COMAU, INC.
WARREN, MICHIGAN
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 May 20, 2008 in response to
a petition filed by separated workers of Comau, Inc., Warren,
Michigan. The workers provided engineering and sales services.
This investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The subject firm did not separate or threaten to separate a
significant number or proportion of workers as required by Section
222 of the Trade Act of 1974. Employment at the subject firm is
currently greater than the previous year and a threat of separation
of a significant number of employees is not imminent.
A new petition may be filed if conditions change.
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 of the facts obtained in the
investigation, I determine that all separated workers of Comau,
Inc., Warren, Michigan, are denied eligibility to apply for adjust-
ment 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 23rd day of May 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,410
COMAU, INC.
WARREN, MICHIGAN
Notice of Revised Determination
on Reconsideration
By application of June 25, 2008, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA).
The previous investigation resulted in a negative
determination signed on May 23, 2008, was based on the finding
that during the relevant time period, the subject company did not
separate or threaten to separate a significant number or
proportion of workers, as required by Section 222 of the Trade
Act of 1974. The denial notice was published in the Federal
Register on June 3, 2008 (73 FR 31716).
In the request for reconsideration, the petitioner stated
that even though employment at the subject facility had appeared
to be increasing, the subject firm separated a significant amount
of workers in the relevant period.
A company official was contacted to verify whether there
were separations at the subject facility since May 2007. The
company official stated that total employment at Comau, Inc.,
Warren, Michigan increased from May, 2008 over the corresponding
May, 2007. However, the official also clarified that Comau,
Inc. transferred several divisions from other Comau facilities to
the subject firm during July and August 2007. The official
further stated that a significant number of employees have been
separated from the subject facility since the transfer and there
was a threat of further separations in May 2008.
The investigation revealed that workers of the subject
facility are engaged in engineering, project management, and
financial functions. The company official stated that workers of
the subject facility were in direct support of production at
Comau, Inc., Novi, Michigan (TA-W- 63,751), Comau Plymouth
Engineering, Plymouth, Michigan (TA-W- 63,446), Comau, Inc.,
Macomb Township, Michigan (TA-W-63,430), and Comau, Inc.,
Southfield, Michigan, (TA-W-61,580) during the relevant period.
The above mentioned production facilities were certified eligible
for adjustment assistance.
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 increases of imports of articles
like or directly competitive with articles produced by Comau, Inc.
contributed importantly to the total or partial separation of
workers at the subject firm and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Comau, Inc., Warren, Michigan, who became
totally or partially separated from employment on or after
May 19, 2007, through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 15th day of September 2008
/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-63,410
COMAU, INC.
WARREN, MICHIGAN
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 May 20, 2008 in response to
a petition filed by separated workers of Comau, Inc., Warren,
Michigan. The workers provided engineering and sales services.
This investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The subject firm did not separate or threaten to separate a
significant number or proportion of workers as required by Section
222 of the Trade Act of 1974. Employment at the subject firm is
currently greater than the previous year and a threat of separation
of a significant number of employees is not imminent.
A new petition may be filed if conditions change.
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 of the facts obtained in the
investigation, I determine that all separated workers of Comau,
Inc., Warren, Michigan, are denied eligibility to apply for adjust-
ment 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 23rd day of May 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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