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TAW-70372  /  Tower Automotive (Elkton, MI)

Petitioner Type: Workers
Impact Date: 05/19/2008
Filed Date: 05/21/2009
Most Recent Update: 08/26/2009
Determination Date: 08/26/2009
Expiration Date: 08/26/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,372

TOWER AUTOMOTIVE
ELKTON BUSINESS UNIT
ELKTON, MICHIGAN

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 21, 2009 by three workers on behalf of workers of
Tower Automotive, Elkton Business Unit, Elkton, Michigan,
hereinafter referred to as Automotive, Elton. The workers produce
automotive stampings and assembly parts for trucks, cars and SUV's.
The investigation revealed that workers of Automotive, Elkton
who are engaged in employment related to automotive metal
stampings and assembly parts meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because more than five percent of
Tower automotive workers have been separated in the last year.
Criterion II has been met because workers of Tower
Automotive, Elkton supplied stampings and assembly parts to
several companies whose workers have been certified eligible to
apply for Trade Adjustment Assistance.
Workers of Tower Automotive Operations LLC, Michigan, are
covered by certification number TA-W-63,680 issued based on
secondary affected workers; workers of Tower Automotive, Chicago,
are covered by certification number TA-W-64,569 issued based on
company imports of services; workers of Ford Motor Company,
Louisville, Kentucky, are covered by certification number TA-W-
61,974 issued based on company imports of articles; and workers of
Chrysler LLC, Michigan are covered by certification number TA-W-
65,037 issued based on company imports of articles.
Criterion III has been met because a loss of business by
Tower Automotive, Elkton Business Unit, Elkton, Michigan, with
the certified firms mentioned above contributed importantly to
the worker's separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tower Automotive, Elkton
Business Unit, Elkton, Michigan, who are engaged in employment
related to stamping for automotive assembly 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 Tower Automotive, Elkton Business Unit,
Elkton, Michigan, 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
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 26th day of August, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance