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TAW-70039  /  Umicore Autocat USA, Inc. (Catoosa, OK)

Petitioner Type: Union
Impact Date: 05/08/2009
Filed Date: 05/18/2009
Most Recent Update: 06/26/2009
Determination Date: 06/26/2009
Expiration Date: 06/26/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,039

UMICORE AUTOCAT USA, INC.
CATOOSA, OKLAHOMA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on June 26, 2009, applicable to workers of
Umicore Autocat USA, Inc., Catoosa, Oklahoma. The notice will
soon be published in the Federal Register.
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 catalysts for automotive
emission control systems.
The review shows that on May 7, 2007, a certification of
eligibility to apply for adjustment assistance was issued for
all workers of ASEC Manufacturing, a subsidiary of Delphi
Corporation, Catoosa, Oklahoma, separated from employment on or
after January 22, 2006 through May 7, 2009. The notice was
published in the Federal Register on May 24, 2007 (72 FR 29182).
The certification was amended on September 25, 2007, to reflect
that Umicore Autocat USA, Inc. was the new owner of the firm.
The notice was published in the Federal Register on October 3,
2007 (72 FR 56388).
In order to avoid an overlap in worker group coverage, the
Department is amending the May 18, 2008 impact date established
for TA-W-70,039, to read May 8, 2009.
The amended notice applicable to TA-W-70,039 is hereby
issued as follows:
“All workers of Umicore Autocat USA, Inc., Catoosa,
Oklahoma, who became totally or partially separated from
employment on or after May 8, 2009, through June 26, 2011,
and all workers in the group threatened with total or
partial separation from employment on date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 27th day of July, 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-70,039

UMICORE AUTOCAT USA, INC.
CATOOSA, OKLAHOMA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers’
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 18, 2009 by the International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America, Local 286, on behalf of workers and former workers of
Umicore Autocat USA, Inc., Catoosa, Oklahoma (Umicore). The
worker group is engaged in employment relating to the production
of automotive emission control catalysts.
The investigation revealed that the workers at Umicore who
are engaged in employment relating to the production of
catalysts meet the criteria for certification.
Criterion I has been met because at least 5 percent of
the worker group was separated from employment from 2008
through April 2009.
Criterion II has been met because Umicore’s shift of
production to a foreign country of articles like or directly
competitive with catalysts produced by the worker group is on-
going through June 2009.
Criterion III has been met because the shift of
production to Canada by Umicore contributed importantly to the
workers’ separation.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers and former workers of
Umicore Autocat USA, Inc., Catoosa, Oklahoma, who are engaged in
employment relating to the production of automotive catalysts
meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
“All workers of Umicore Autocat USA, Inc., Catoosa,
Oklahoma, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”
Signed in Washington, D.C., this 26th day of June, 2009.


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




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