Petitioner Type: Company
Impact Date: 05/19/2008
Filed Date: 05/20/2009
Most Recent Update: 06/29/2009
Determination Date: 06/29/2009
Expiration Date: 06/29/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,274
AVANTECH MANUFACTURING, LLC
A SUBSIDIARY OF MAGNA INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS SERVICES AND RANDSTAD
MT. PLEASANT, TENNESSEE
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 20, 2009 by a company official on behalf of
workers of Avantech Manufacturing, LLC, a subsidiary of Magna
International, Inc., Mt. Pleasant, Tennessee. The workers
produce automotive parts (package trays, headliners, floor
mats, floor consoles) which are sold to the automotive
industry. The workers are separately identifiable by product.
The worker group includes on-site leased workers from Express
Services and Randstad.
The petitioner alleges that workers have been affected by
the automotive industry crisis and a shift in production to
Mexico.
The investigation revealed that workers of Avantech
Manufacturing, LLC who are engaged in employment related to
automotive parts (package trays, headliners, floor mats, floor
consoles) meet the criteria for certification.
Criterion I has been met because the subject firm has
separated at least 5 percent of the workers since 2008.
Criterion II has been satisfied because Avantech
Manufacturing, LLC, has shifted to a foreign country the
production of articles like or directly competitive with floor
mats produced by the workers.
Criterion III has been met because the shift in the
production of floor mats to Mexico by Avantech Manufacturing,
LLC, contributed importantly to worker group separations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avantech
Manufacturing, LLC, Mt. Pleasant, Tennessee, who are engaged in
employment related to production of automotive parts (package
trays, headliners, floor mats, floor consoles) 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 Avantech Manufacturing, LLC, a subsidiary
of Magna International, Inc., including on-site leased
workers from Express Services and Randstad, Mt. Pleasant,
Tennessee, 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 29th day of June, 2009.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,274
AVANTECH MANUFACTURING, LLC
A SUBSIDIARY OF MAGNA INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS SERVICES AND RANDSTAD
MT. PLEASANT, TENNESSEE
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 20, 2009 by a company official on behalf of
workers of Avantech Manufacturing, LLC, a subsidiary of Magna
International, Inc., Mt. Pleasant, Tennessee. The workers
produce automotive parts (package trays, headliners, floor
mats, floor consoles) which are sold to the automotive
industry. The workers are separately identifiable by product.
The worker group includes on-site leased workers from Express
Services and Randstad.
The petitioner alleges that workers have been affected by
the automotive industry crisis and a shift in production to
Mexico.
The investigation revealed that workers of Avantech
Manufacturing, LLC who are engaged in employment related to
automotive parts (package trays, headliners, floor mats, floor
consoles) meet the criteria for certification.
Criterion I has been met because the subject firm has
separated at least 5 percent of the workers since 2008.
Criterion II has been satisfied because Avantech
Manufacturing, LLC, has shifted to a foreign country the
production of articles like or directly competitive with floor
mats produced by the workers.
Criterion III has been met because the shift in the
production of floor mats to Mexico by Avantech Manufacturing,
LLC, contributed importantly to worker group separations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Avantech
Manufacturing, LLC, Mt. Pleasant, Tennessee, who are engaged in
employment related to production of automotive parts (package
trays, headliners, floor mats, floor consoles) 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 Avantech Manufacturing, LLC, a subsidiary
of Magna International, Inc., including on-site leased
workers from Express Services and Randstad, Mt. Pleasant,
Tennessee, 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 29th day of June, 2009.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance