DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,577

BEHR DAYTON THERMAL PRODUCTS
A SUBSIDIARY OF BEHR AMERICA
DAYTON, OHIO

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 March 12, 2009, in response
to a petition filed by International Union of Electronic,
Communications Workers of America (IUE-CAW Local 775) on behalf of
workers of Behr Dayton Thermal Products, a subsidiary of Behr
America, Dayton, Ohio. The workers are engaged in production of
condensers for automobiles and are separately identifiable from
those making other articles.
The investigation revealed that the decline in employment at
the subject firm is related to a shift in production of condensers
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 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 there was a shift in production
from the workers' firm or subdivision to Mexico of condensers 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:




"Workers of Behr Dayton Thermal Products, a subsidiary of Behr
America, Dayton, Ohio, engaged in employment related to the
production of condensers, who became totally or partially
separated from employment on or after March 11, 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 in Washington, D.C. this 12th day of August 2009

/s/ Linda G. Poole

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