Certified
« back to search results

TAW-71473  /  Meritor Heavy Vehicle Systems (Forest City, NC)

Petitioner Type: Company
Impact Date: 06/29/2008
Filed Date: 06/30/2009
Most Recent Update: 08/06/2009
Determination Date: 08/06/2009
Expiration Date: 08/06/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,473

MERITOR HEAVY VEHICLE SYSTEMS, LLC
CVS DIVISION
A SUBSIDIARY OF ARVINMERITOR, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PINNACLE STAFFING, INC.
FORREST CITY, NORTH CAROLINA


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 June 30, 2009 by a company official on behalf of
workers of Meritor Heavy Vehicle Systems, LLC, CVS Division, a
subsidiary of ArvinMeritor, Inc., Forest City, North Carolina
(Meritor Heavy Vehicle Systems). The workers produce and
assemble class 5-7 and class 8 axles for trucks.
The investigation revealed that workers of Meritor Heavy
Vehicle Systems who are engaged in employment related to
production and assembly of class 5-7 and class 8 axles for
trucks meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because at least 5 percent of
workers have been separated from the workers' firm during the
relevant period.
Criterion II has been satisfied because workers of Meritor
Heavy Vehicle Systems produced and sold class 5-7 and class 8
axles for trucks to Freightliner, Mount Holly, North Carolina
to be incorporated into trucks. Workers of Freightliner,
Mount Holly, North Carolina are covered by an existing
certification (TA-W-64,739) based on a shift in production of
class 6 and 7 medium duty trucks.
Criterion III has been met because the class 5-7 and
class 8 axles for heavy trucks produced by Meritor Heavy
Vehicle Systems for Freightliner, Mount Holly, North Carolina
accounted for at least 20 percent of the production or sales
of Meritor Heavy Vehicle Systems.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Meritor Heavy Vehicle
Systems, LLC, CVS Division, a subsidiary of ArvinMeritor,
Inc., including on-site leased workers from Pinnacle Staffing,
Inc., Forest City, North Carolina, who are engaged in
employment related to production and assembly of class 5-7 and
class 8 axles for trucks 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 Meritor Heavy Vehicle Systems, LLC, CVS
Division, a subsidiary of ArvinMeritor, Inc., including
on-site leased workers from Pinnacle Staffing, Inc.,
Forest City, North Carolina, who became totally or
partially separated from employment on or after June 29,
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 6th day of August, 2009.


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