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TAW-70228  /  Johnson Controls, Inc. (Greenfield, OH)

Petitioner Type: Union
Impact Date: 05/19/2008
Filed Date: 05/19/2009
Most Recent Update: 10/06/2009
Determination Date: 10/06/2009
Expiration Date: 10/06/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,228

JOHNSON CONTROLS, INC.
AUTOMOTIVE EXPERIENCE DIVISION
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE PAID THROUGH HOOVER UNIVERSAL
GREENFIELD, OHIO

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 October 6, 2009, applicable to workers of Johnson
Controls, Inc., Automotive Experience Division, Greenfield, Ohio.
The notice was published in the Federal Register on December 11,
2009 (74 FR 65798).
At the request of the state, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in the production of foam inserts for the automotive
seating industry.
New information shows that Johnson Controls purchased Hoover
Universal in 1985 and that some workers separated from employment
at the subject firm had their wages reported under a separate
unemployment insurance (UI) tax account, under the name Hoover
Universal.
Accordingly, the Department is amending this certification
to property reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in production of foam inserts for the automotive seating
industry to Canada.
The amended notice applicable to TA-W-70,228 is hereby
issued as follows:
"All workers of Johnston Controls, Inc., Automotive
Experience Division, including workers whose unemployment
insurance (UI) wages are paid through Hoover Universal,
Greenfield, Ohio, who became totally or partially separated
from who became totally or partially separated from
employment on or after May 19, 2008, through October 6,
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 at Washington, D.C. this 23rd day of April, 2010

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Division
of Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,228

JOHNSON CONTROLS, INC.
AUTOMOTIVE EXPERIENCE DIVISION
GREENFIELD, OHIO

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 United Auto Workers, Local 1842
(UAW), on behalf of workers of Johnson Controls, Inc., Automotive
Experience Division, Greenfield, Ohio (Johnson Controls). The
workers produce foam inserts for automotive seating industry. The
workers are not separately identifiable by product line.
The investigation revealed that the worker group meets the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the worker group were separated from Johnson
Controls during the relevant period.
Criterion II has been met because Johnson Controls has
shifted to a foreign country the production of articles like or
directly competitive with the foam inserts produced by the
workers.
Criterion III has been met because the shift of production
of foam inserts to Canada contributed importantly to worker group
separations at Johnson Controls.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Johnson Controls Inc.,
Automotive Experience Division, Greenfield, Ohio, who were engaged
in employment related to production of foam inserts 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 Johnson Controls, Inc., Automotive Experience
Division, Greenfield, Ohio, who became totally or partially
separated from employment on or after May 19, 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 6th day of October, 2009


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance



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