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TAW-71706  /  Daimler Trucks North America, LLC (Gastonia, NC)

Petitioner Type: Union
Impact Date: 04/14/2009
Filed Date: 07/16/2009
Most Recent Update: 11/13/2009
Determination Date: 11/13/2009
Expiration Date: 11/13/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,706

DAIMLER TRUCKS NORTH AMERICA, LLC
A SUBSIDIARY OF DAIMLER NORTH AMERICA CORPORATION
GASTONIA COMPONENTS AND LOGISTICS DIVISION
GASTONIA, NORTH CAROLINA

Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on November 13, 2009, applicable to
workers of Daimler Trucks North America, LLC, a subsidiary of
Daimler North America Corporation, Gastonia Components and
Logistics Division, Gastonia, North Carolina. The notice was
published in the Federal Register on January 25, 2010 (75 FR
3935).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
produce truck parts and components for heavy trucks.
The review shows that on April 13, 2007, a certification of
eligibility to apply for adjustment assistance was issued for
all workers of Freightliner LLC, Parts Manufacturing Plant
(PMP), Gastonia, North Carolina, separated from employment on or
after March 7, 2006 through April 13, 2009. The notice was
published in the Federal Register on April 26, 2007 (72 FR
20873).
In order to avoid an overlap in worker group coverage, the
Department is amending the July 15, 2008 impact date established
for TA-W-71,706, to read April 14, 2009.
The amended notice applicable to TA-W-71,706 is hereby
issued as follows:
“All workers of Daimler Trucks North America, LLC, a
subsidiary of Daimler North America Corporation, Gastonia
Components and Logistics Division, Gastonia, North
Carolina, who became totally or partially separated from
employment on or after April 14, 2009, through November 13,
2011, 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 1st day of March 2010.


/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,706

DAIMLER TRUCKS NORTH AMERICA, LLC
A SUBSIDIARY OF DAIMLER NORTH AMERICA CORPORATION
GASTONIA COMPONENTS AND LOGISTICS DIVISION
GASTONIA, 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 July 16, 2009 by United Automobile, Aerospace, and
Agricultural Implement Workers of America, Local 9541 on behalf
of workers of Daimler Trucks North America, LLC, a subsidiary of
Daimler North America Corporation, Gastonia Components and
Logistics Division, Gastonia, North Carolina. The workers
produce truck parts and components for heavy trucks.
The investigation revealed that workers of Daimler Trucks
North America, LLC who are engaged in employment related to
production of truck parts and components meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because at least five percent of
workers have been separated during the relevant period.
Criterion II has been satisfied because workers of Daimler
Trucks North America, LLC produced and sold truck parts and
components to Daimler Trucks North America, LLC, Cleveland,
North Carolina to be incorporated into Class 8 trucks.
Workers of Daimler Trucks North America, LLC, Cleveland, North
Carolina are covered by certification number TA-W-63,269
issued based on increased company imports of Class 8 trucks.
Criterion III has been met because the truck parts and
components produced for Daimler Trucks North America, LLC,
Cleveland, North Carolina accounted for at least 20 percent of
the production of the Gastonia, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Daimler Trucks North
America, LLC, a subsidiary of Daimler North America Corporation,
Gastonia Components and Logistics Division, Gastonia, North
Carolina, who are engaged in employment related to production of
truck parts and components 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 Daimler Trucks North America, LLC, a
subsidiary of Daimler North America Corporation, Gastonia
Components and Logistics Division, Gastonia, North
Carolina, who became totally or partially separated from
employment on or after July 15, 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 13th day of November, 2009.

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance




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