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TAW-70712  /  Cummings Filtration (Findlay, OH)

Petitioner Type: Union
Impact Date: 05/27/2008
Filed Date: 05/28/2009
Most Recent Update: 09/29/2009
Determination Date: 09/29/2009
Expiration Date: 09/29/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,712

CUMMINS FILTRATION
INCLUDING ON-SITE LEASED WORKERS FROM ALTERNATIVE MANAGEMENT
RESOURCES AND KELLY SERVICES
FINDLAY, 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(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 27, 2009 by a company official on behalf of workers
of Cummins Filtration, Findlay, Ohio. The workers produce
design, manufacture, distribute and service filtration products
for fuel system applications.
The investigation revealed that workers of Cummins
Filtration, who are engaged in employment related to filtration
products for fuel system applications, meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
portion of the workers in the workers' firm have become
totally or partially separated in the relevant period.
Criterion II has been met because workers of Cummins
Filtration supplied filtration products for fuel system
applications to Delphi Corporation to be incorporated into
automotive air induction products and modular reservoir
assemblies and sub components. Workers of Delphi are covered
by a TAA certification TA-W-62,069 issued on October 1, 2007,
based on a shift of production abroad of these products.
Criterion III has been met because the filtration products
for fuel system applications produced by Cummins Filtration for
Delphi Corporation accounted for a significant portion of the
production or sales of Cummins Filtration.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cummins, Findlay,
Ohio, who are engaged in employment related to filtration
products for fuel system applications 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 Cummins, Findlay, Ohio, who became totally
or partially separated from employment on or after May 27,
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 29th day of September, 2009


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