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TAW-70139  /  Valeo Electrical Systems (Rochester, NY)

Petitioner Type: Union
Impact Date: 05/10/2009
Filed Date: 05/19/2009
Most Recent Update: 09/11/2009
Determination Date: 09/11/2009
Expiration Date: 09/11/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,139

VALEO ELECTRICAL SYSTEMS, INC.
HUMAN RESOURCES DEPARTMENT
INCLUDING AN ON-SITE LEASED WORKER FROM TAP PERSONNEL, INC.
ROCHESTER, NEW YORK

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 19, 2009 by the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers -
Communication Workers of America on behalf of workers of Valeo
Electrical Systems, Inc., Human Resources Department,
Rochester, New York. Workers are engaged in activities related
to human resources services in support of the firm which
produces windshield wiper systems. Workers of Valeo Electrical
Systems, Inc., Wipers Division, Rochester, New York were
previously certified for Trade Adjustment Assistance (TAA)
under petition TA-W-61,330 (expired on May 9, 2009). The
certification was based on a shift in production to Mexico.
The subject firm also leased an on-site worker from Tap
Personnel, Inc.
The investigation revealed that workers of Valeo Electrical
Systems, Inc., Human Resources Department, Rochester, New York
were engaged in employment related to the production of
windshield wiper systems during the relevant period of
investigation and meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated during
the period of January through April 2009 compared to the
corresponding 2008 period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers firm.
Criterion III has been met because the shift in
production of windshield wiper systems to Mexico by Valeo
Electrical Systems, Inc. contributed importantly to worker
group separations at Valeo Electrical Systems, Inc., Human
Resources Department, Rochester, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Workers of Valeo
Electrical Systems, Inc., Human Resources Department,
Rochester, New York, including an on-site leased worker from Tap
Personnel, Inc., 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 of Valeo Electrical Systems, Inc., Human
Resources Department, Rochester, New York, including an
on-site leased worker from Tap Personnel, Inc., who became
totally or partially separated from employment on or after
May 10, 2009, 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 11th day of September, 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance