Petitioner Type: Company
Impact Date: 12/20/2008
Filed Date: 05/20/2009
Most Recent Update: 07/17/2009
Determination Date: 07/17/2009
Expiration Date: 07/17/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,313
CONTINENTAL AUTOMOTIVE SYSTEMS US, INC.
FORMERLY KNOWN AS SIEMENS AG
INCLUDING ON-SITE LEASED WORKERS
FROM YOH STAFFING, AND CREATIVE FINANCIAL STAFFING
ELKHART, INDIANA
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 Continental Automotive Systems US, Inc., formerly
known as Siemens AG, Elkhart, Indiana (Continental
Automotive). The workers produce automotive sensors.
The investigation revealed that the worker group at the
subject facility includes on-site leased work from YOH Staffing,
and Creative Financial Staffing.
The investigation revealed that the workers at the subject
facility were previously certified eligible to apply for Trade
Adjustment Assistance on December 19, 2006, based on a shift in
production to Mexico (TA-W-60,541). That certification expired
on December 19, 2008.
The investigation further revealed that workers of
Continental Automotive who are engaged in employment related
to the production of automotive sensors meet the criteria for
certification.
Criterion I has been met because employment at the
subject facility declined significantly during January through
April 2009 compared with the corresponding 2008.
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.
Criterion III has been met because the shift of
automotive sensors to Mexico by Continental Automotive
contributed importantly to worker group separations at
Continental Automotive.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Continental
Automotive Systems US, Inc., formerly known as Siemens AG,
Elkhart, Indiana, who are engaged in employment related to the
production of automotive sensors 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 Continental Automotive Systems US, Inc.,
formerly known as Siemens AG, including on-site leased
workers from YOH Staffing, and Creative Financial
Staffing, Elkhart, Indiana, who became totally or partially
separated from employment on or after December 20, 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 17th day of July, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,313
CONTINENTAL AUTOMOTIVE SYSTEMS US, INC.
FORMERLY KNOWN AS SIEMENS AG
INCLUDING ON-SITE LEASED WORKERS
FROM YOH STAFFING, AND CREATIVE FINANCIAL STAFFING
ELKHART, INDIANA
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 Continental Automotive Systems US, Inc., formerly
known as Siemens AG, Elkhart, Indiana (Continental
Automotive). The workers produce automotive sensors.
The investigation revealed that the worker group at the
subject facility includes on-site leased work from YOH Staffing,
and Creative Financial Staffing.
The investigation revealed that the workers at the subject
facility were previously certified eligible to apply for Trade
Adjustment Assistance on December 19, 2006, based on a shift in
production to Mexico (TA-W-60,541). That certification expired
on December 19, 2008.
The investigation further revealed that workers of
Continental Automotive who are engaged in employment related
to the production of automotive sensors meet the criteria for
certification.
Criterion I has been met because employment at the
subject facility declined significantly during January through
April 2009 compared with the corresponding 2008.
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.
Criterion III has been met because the shift of
automotive sensors to Mexico by Continental Automotive
contributed importantly to worker group separations at
Continental Automotive.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Continental
Automotive Systems US, Inc., formerly known as Siemens AG,
Elkhart, Indiana, who are engaged in employment related to the
production of automotive sensors 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 Continental Automotive Systems US, Inc.,
formerly known as Siemens AG, including on-site leased
workers from YOH Staffing, and Creative Financial
Staffing, Elkhart, Indiana, who became totally or partially
separated from employment on or after December 20, 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 17th day of July, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance