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TAW-71037  /  Chardon Rubber Company (Chardon, OH)

Petitioner Type: Union
Impact Date: 06/04/2008
Filed Date: 06/08/2009
Most Recent Update: 08/25/2009
Determination Date: 08/25/2009
Expiration Date: 08/25/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,037

CHARDON RUBBER COMPANY
INCLUDING ON-SITE LEASED WORKERS
FROM MID-WESTON TEMPORARY SERVICES, AND
THOMAS EMPLOYMENT
CHARDON, 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 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 June 8, 2009, by the United Steel Workers Union on
behalf of workers of Chardon Rubber Company, Chardon, Ohio
(Chardon Rubber). The workers produce mixed rubber, rubber
parts, and plastic parts.
The investigation revealed that the worker group at the
subject facility includes on-site leased workers from Mid-Weston
Temporary Services, and Thomas Employment
The investigation further revealed that workers of Chardon
Rubber who are engaged in employment related to the production
of mixed rubber, rubber parts, and plastic parts meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because employment at the
subject facility declined during the period of January through
May 2009 compared with the corresponding 2008 period.
Criterion II has been satisfied because workers of
Chardon Rubber produced and sold mixed rubber, rubber parts,
and plastic parts to Magna Donnelly Engineered Glass to be
incorporated into bonded automotive glass. Workers of Magna
Donnelly Engineered Glass are covered by a Trade Adjustment
Assistance certification (TA-W-62,807). The certification was
based on increased customer imports of automotive glass.
Criterion III has been met because the mixed rubber,
rubber parts, and plastic parts produced by Chardon Rubber for
Magna Donnelly Engineered Glass contributed importantly to the
production or sales decline of Chardon Rubber.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Chardon Rubber
Company, Chardon, Ohio, who are engaged in employment related to
the production of mixed rubber, rubber parts, and plastic
parts 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 Chardon Rubber Company, including on-site
leased workers from Mid-Weston Temporary Services, and
Thomas Employment, Chardon, Ohio, who became totally or
partially separated from employment on or after June 4,
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 25th day of August, 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance