Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 09/24/2009
Determination Date: 09/24/2009
Expiration Date: 09/24/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,122
OVISO MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS
FROM AEROTEK
CONCORD, CALIFORNIA
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 19, 2009, by the State Workforce Office on behalf
of workers of Oviso Manufacturing, Concord, California (Oviso
Manufacturing). The workers produce various metal components
for the semi-conductor, aerospace, and medical industries.
The investigation revealed that the worker group at the
subject facility includes on-site leased workers from Aerotek.
The investigation revealed that workers of Oviso
Manufacturing who are engaged in employment related to the
production of various metal components meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because employment at the
subject facility declined during the period under
investigation.
Criterion II has been satisfied because workers of Oviso
Manufacturing produced and sold various metal components to
Siemens Medical Solutions, Inc. to be incorporated into
radiation machines. Workers of Siemens Medical Solutions,
Inc. are covered by certification number TA-W-62,055 issued
based on a shift in production of radiation machines to a
foreign country.
Criterion III has been met because the loss of business
by Oviso Manufacturing with respect to various metal
components sold to Siemens Medical Solutions, Inc. contributed
importantly to worker separations at Oviso Manufacturing.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oviso Manufacturing,
Concord, California, who are engaged in employment related to
the production of various metal components 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 Oviso Manufacturing, including on-site
leased workers from Aerotek, Concord, California, 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 the 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 24th day of September, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,122
OVISO MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS
FROM AEROTEK
CONCORD, CALIFORNIA
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 19, 2009, by the State Workforce Office on behalf
of workers of Oviso Manufacturing, Concord, California (Oviso
Manufacturing). The workers produce various metal components
for the semi-conductor, aerospace, and medical industries.
The investigation revealed that the worker group at the
subject facility includes on-site leased workers from Aerotek.
The investigation revealed that workers of Oviso
Manufacturing who are engaged in employment related to the
production of various metal components meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because employment at the
subject facility declined during the period under
investigation.
Criterion II has been satisfied because workers of Oviso
Manufacturing produced and sold various metal components to
Siemens Medical Solutions, Inc. to be incorporated into
radiation machines. Workers of Siemens Medical Solutions,
Inc. are covered by certification number TA-W-62,055 issued
based on a shift in production of radiation machines to a
foreign country.
Criterion III has been met because the loss of business
by Oviso Manufacturing with respect to various metal
components sold to Siemens Medical Solutions, Inc. contributed
importantly to worker separations at Oviso Manufacturing.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oviso Manufacturing,
Concord, California, who are engaged in employment related to
the production of various metal components 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 Oviso Manufacturing, including on-site
leased workers from Aerotek, Concord, California, 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 the 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 24th day of September, 2009.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance