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TAW-70049  /  Dan Draexlmaier Automotive North America LLC (Duncan, SC)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/18/2009
Most Recent Update: 09/23/2009
Determination Date: 09/23/2009
Expiration Date: 09/23/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,049

DAN DRAEXLMAIER AUTOMOTIVE NORTH AMERICA LLC
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, INC.
DUNCAN, SOUTH CAROLINA

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 on behalf of workers of DAN Draexlmaier
Automotive North America LLC, Duncan, South Carolina. The workers
are engaged in engaged in sales, customer service, marketing, and
account management services. Workers are not separately
identifiable by task.
The investigation revealed that the worker group includes
on-site leased workers of Aerotek, Inc.
The investigation revealed that workers of DAN Draexlmaier
Automotive North America LLC who are engaged in sales, customer
service, marketing, and account management services meet the
criteria for certification.
Criterion I has been met because more than five percent of
the workers were separated from employment in January through May
2009 compared with the same period in 2008.
Criterion II has been satisfied because the worker's firm is
shifting the supplying of services like or directly competitive
with the services provided by the workers to a foreign country.
Criterion III has been met because the shift of sales,
customer service, marketing, and account management services
to Mexico by Draexlmaier has contributed importantly to worker
group separations at DAN Draexlmaier Automotive North America
LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of DAN Draexlmaier
Automotive North America LLC, Duncan, South Carolina, who are
engaged in sales, customer service, marketing, and account
management services, 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 DAN Draexlmaier Automotive North America LLC,
including on-site leased workers from Aerotek, Inc., Duncan,
South Carolina, 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 23rd day of September, 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance