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TAW-65102  /  Kelsey Hayes Company (Fenton, MI)

Petitioner Type: Company
Impact Date: 02/03/2008
Filed Date: 02/04/2009
Most Recent Update: 02/17/2009
Determination Date: 02/17/2009
Expiration Date: 02/17/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,102

KELSEY HAYES COMPANY
NORTH AMERICAN BRAKING AND SUSPENSION DIVISION
A SUBSIDIARY OF TRW AUTOMOTIVE, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM KELLY SERVICES AND VOLT SERVICES
FENTON, MICHIGAN

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC 2813),
as amended, the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on January 23, 2009,
applicable to workers of Kelsey Hayes Company, North American
Braking and Suspension Division, Inc., Fenton, Michigan. The
notice was published in the Federal Register on March 10, 2009 (74
FR 10303).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers are
engaged in the production of anti-skid braking systems and
stability control.
New information provided by the company shows that workers
leased from Volt Services were employed on-site at Kelsey Hayes
Company, North American Braking and Suspension Division, Inc.,
Fenton, Michigan.
The intent of the Department’s certification is to include all
workers at the subject firm who were adversely affected due to
supplying a trade certified primary firm.
The Department has determined that these workers were
sufficiently under the control of Kelsey Hayes Company to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Volt Services working
on-site at the Fenton, Michigan location of the subject firm.
The amended notice applicable to TA-W-65,102 is hereby issued
as follows:










"All workers Kelsey Hayes Company, North American Braking and
Suspension Division, Inc., Fenton, Michigan, including on-site
leased workers from Kelly Services and Volt Services, who
became totally or partially separated from employment on or
after February 3, 2008, through February 17, 2011, 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 6th day of April 2009

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,102

KELSEY HAYES COMPANY
NORTH AMERICAN BRAKING AND SUSPENSION DIVISION
A SUBSIDIARY OF TRW AUTOMOTIVE, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM KELLY SERVICES
FENTON, MICHIGAN

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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on February 4, 2009, in
response to a petition filed by a company official on behalf of
workers of Kelsey Hayes Company, North American Braking and
Suspension Division, a subsidiary of TRW Automotive, Inc., Fenton,
Michigan. The workers produce automotive anti-skid braking systems
and stability control.
The investigation revealed that Kelsey Hayes Company, North
American Braking and Suspension Division, a subsidiary of TRW
Automotive, Inc., Fenton, Michigan, supplies component parts for
vehicles and a loss of business with a manufacturer of vehicles
whose workers were certified eligible to apply for adjustment
assistance contributed importantly to the separation or threat of
separation of workers at Kelsey Hayes Company, North American
Braking and Suspension Division, a subsidiary of TRW Automotive,
Inc., Fenton, Michigan.
In addition, 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 workers of Kelsey Hayes Company,
North American Braking and Suspension Division, a subsidiary of TRW
Automotive, Inc., Fenton, Michigan qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Kelsey Hayes Company, North American Braking
and Suspension Division, a subsidiary of TRW Automotive, Inc.,
including on-site leased workers from Kelly Services, Fenton,
Michigan, who became totally or partially separated from
employment on or after February 3, 2008, 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 at Washington, D.C., this 17th day of February 2009


/s/Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance











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