DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,429

BORGWARNER
A SUBSIDIARY OF BORGWARNER AUTOMOTIVE
TRANSMISSION SYSTEMS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
FRANKFORT, ILLINOIS

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), as amended, the Department of Labor herein presents the
results of its 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 May 23, 2008 in response to
a petition filed by a company official on behalf of workers of
BorgWarner, a subsidiary of BorgWarner Automotive, Transmission
Systems, Frankfort, Illinois. The workers produce friction
transmission bands for automotive transmissions.
The investigation revealed BorgWarner also leased workers from
Aerotek.
The workers of BorgWarner have received a previous
certification TA-W-57,844 that expired on October 6, 2007.
The investigation also revealed that the preponderance of
declines in employment at the subject facility is related to a
shift in production of friction transmission bands to a country
(Mexico) that is party to a free trade agreement with the United
States.
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 was a shift in production from the
workers' firm or subdivision to Mexico of articles like or directly
competitive with friction transmission bands produced by
BorgWarner, a subsidiary of BorgWarner Automotive, Transmission
Systems, Frankfort, Illinois. In accordance with the provisions of
the Act, I make the following certification:
"All workers of BorgWarner, a subsidiary of BorgWarner
Automotive, Transmission Systems, Frankfort, Illinois,
including on-site leased workers from Aerotek, who became
totally or partially separated from employment on or after
October 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 25th day of June 2008

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance