Certified
« back to search results

TAW-71811  /  Ficosa North America (Crossville, TN)

Petitioner Type: Company
Impact Date: 07/24/2008
Filed Date: 07/27/2009
Most Recent Update: 12/09/2009
Determination Date: 12/09/2009
Expiration Date: 12/09/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,811

FICOSA NORTH AMERICA
A SUBSIDIARY OF FICOSA CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
ATWORK CUMBERLAND STAFFING AGENCY
CROSSVILLE, TENNESSEE


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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii)).

The investigation was initiated in response to a petition
filed on July 24, 2009 by a company official on behalf of
workers of Ficosa North America, a subsidiary of Ficosa
Corporation, Crossville, Tennessee (Ficosa North America). The
workers are engaged in activities related to the production of
exterior rearview mirrors. The workers are not separately
identifiable by product. The worker group includes on-site
leased workers from Atwork Cumberland Staffing Agency.
The investigation revealed that workers of Ficosa North
America, a subsidiary of Ficosa Corporation, including on-site
leased workers from Atwork Cumberland Staffing Agency,
Crossville, Tennessee, who are engaged in activities related
to the production of exterior rearview mirrors, meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in a portion of the production of exterior rearview
mirrors by Ficosa North America to Mexico.
Criterion III has been met because the shift in a portion
of the production of exterior rearview mirrors by Ficosa North
America to Mexico contributed importantly to worker group
separations at Ficosa North America.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ficosa North America,
a subsidiary of Ficosa Corporation, including on-site leased
workers from Atwork Cumberland Staffing Agency, Crossville,
Tennessee, who are engaged in activities related to the
production of exterior rearview mirrors, 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 Ficosa North America, a subsidiary of
Ficosa Corporation, including on-site leased workers from
Atwork Cumberland Staffing Agency, Crossville, Tennessee,
who became totally or partially separated from employment
on or after July 24, 2008, through two years from the date
of certification, 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 9th day of December, 2009



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