Certified
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TAW-64611  /  Optima Batteries, Inc. (Aurora, CO)

Petitioner Type: Workers
Impact Date: 12/03/2007
Filed Date: 12/08/2008
Most Recent Update: 12/23/2008
Determination Date: 12/23/2008
Expiration Date: 12/23/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,611

OPTIMA BATTERIES, INC.
A SUBSIDIARY JOHNSON CONTROLS BATTERY GROUP, INC.
IUCLUDING ON-SITE LEASED WORKERS FROM EXPRESS AND BARTECH
AURORA, COLORADO

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 December 8, 2008 in
response to a petition filed on behalf of workers of Optima
Batteries, Inc., A Subsidiary Johnson Controls Battery Group,
Inc. Aurora, Colorado. The workers produce spiral wound
batteries.
Worker group includes on-site leased workers from Express
and Bartech.
The investigation revealed that employment at the subject
facility declined significantly in January through November 2008
compared to the same period in 2007.
Production of the spiral wound batteries is being shifted
to Mexico, a country 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 there was a shift in production
from the workers firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Optima Batteries, Inc., a Subsidiary
Johnson Controls Battery Group, Inc., including on-site
leased workers from Express and Bartech, Aurora, Colorado,
who became totally or partially separated from employment
on or after December 3, 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 23rd day of December, 2008

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