DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,758

LEAR CORPORATION
QUALITY CONTROL AND INSPECTION DEPARTMENT
950 LOMA VERDE DRIVE
EL PASO, TEXAS


Notice of Affirmative Determination
Regarding Application for Reconsideration

In an application post-marked September 4, 2008 a worker
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) applicable to workers and former workers of
Lear Corporation, Quality Control and Inspection Department,
located at 950 Loma Verde Drive, El Paso, Texas (subject firm).
The negative determination was issued on August 21, 2008.
The Department’s Notice of determination was published in the
Federal Register on September 3, 2008 (73 FR 51530). Workers
performed testing and inspection of component parts (terminals,
connectors, wires, and grommets) for wire harnesses.
The determination stated that the subject firm does not
produce an article within the meaning of Section 222(a)(2) of the
Act. The determination further stated that because the subject
workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.


The request for reconsideration stated that subject firm
“held two very different departments . . . the Quality Control
and Inspection Dept. . . . and the other one was the PPAP Dept.
(Production Part Approval Process). The request further states
that the appeal is limited to the “PPAP Dept.”
The request for reconsideration alleges that the PPAP “is an
essential part of the production process, it is directly involved
in the manufacturing of the final product in the production line”
and that “Lear Corporation took our jobs to Mexico.”
The Department has carefully reviewed the worker’s request
for reconsideration and has determined that the Department will
conduct further investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 3rd day of October, 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-63,758

LEAR CORPORATION
QUALITY CONTROL AND INSPECTION DEPARTMENT
950 LOMA VERDE DRIVE
EL PASO, TEXAS

Negative Determination 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 investigation was initiated on July 29, 2008, in response
to a petition filed on behalf of workers of the Quality Control and
Inspection Department of Lear Corporation, 950 Loma Verde Drive, El
Paso, Texas. The workers performed inspection of parts prior to
use by other Lear Corporation production facilities located abroad.
The investigation revealed that the Quality Control and
Inspection Department of Lear Corporation, 950 Loma Verde Drive,
El Paso, Texas does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
Quality Control and Inspection Department does not support a firm
or appropriate subdivision that produces an article domestically
and thus the worker group can not be considered import impacted
or affected by a shift in production of an article.
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 assis-
tance (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 workers of the Quality
Control and Inspection Department of Lear Corporation, 950 Loma
Verde Drive, El Paso, Texas 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 21st day of August 2008

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance






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