Denied
« back to search results

TAW-64311  /  Chrysler LLC (Toledo, OH)

Petitioner Type: Union
Impact Date:
Filed Date: 10/30/2008
Most Recent Update: 01/22/2009
Determination Date: 01/22/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,311

CHRYSLER LLC
TOLEDO NORTH ASSEMBLY PLANT
TOLEDO, OHIO

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 October 30, 2008 in
response to a petition filed by the United Automobile, Aerospace &
Agricultural Implement Workers of America International Union,
Local 12, on behalf of workers at Chrysler LLC, Toledo North
Assembly Plant, Toledo, Ohio. The workers assemble the Dodge Nitro
and the Jeep Liberty. The workers of the Toledo North Assembly
Plant are not separately identifiable by specific vehicle.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import the Dodge Nitro or the Jeep
Liberty, nor did it shift production of those vehicles to a foreign
country during the relevant period.
The Department of Labor conducted an analysis of the United
States market share of vehicles like or directly competitive with
the vehicles produced at the Toledo North Assembly Plant. The Dodge
Nitro and Jeep Liberty are entry-level sport-utility vehicles. The
investigation determined that imports of such vehicles decreased
their share of the U.S. market from 2006 to 2007 and in January
through September 2008 compared with the same period in 2007, while
the share of other domestically manufactured vehicles in the same
categories increased. The loss of market share by vehicles
assembled at the Toledo North Assembly Plant is attributable to
increased relative sales of other domestically-made vehicles, not
due to an increase in market share of imported like and directly
competitive vehicles.
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 workers of Chrysler LLC, Toledo
North Assembly Plant, Toledo, Ohio, 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 22nd day of January 2009


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