DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,883

JOHNSON CONTROLS INTERIORS
AG DIVISION
INCLUDING ON-SITE LEASED WORKERS OF KELLY TEMPORARY SERVICES
HOLLAND, MICHIGAN

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

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. See 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 by three workers on July 31, 2009 on behalf of workers of
Johnson Controls Interiors, AG Division, Holland, Michigan.
Workers at the subject firm are engaged in activities related to
the production of electronic consoles for automotive interiors.
The workers are not separately identifiable by product. The
worker group includes on-site leased workers of Kelly Temporary
Services.
The investigation further revealed that workers of Johnson
Controls Interiors, AG Division, Holland, Michigan who are
engaged in employment related to the production of electronic
consoles for automotive interiors meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of electronic consoles for automotive
interiors by the subject firm decreased during the relevant
period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with electronic consoles
for automotive interiors produced by Johnson Controls
Interiors, AG Division, Holland, Michigan have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's major declining customers regarding their
purchases of electronic consoles for automotive interiors during
the relevant period. The survey revealed an increased customer
reliance on imported electronic consoles for automotive
interiors.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of electronic consoles for automotive
interiors by customers of Johnson Controls Interiors, AG
Division, Holland, Michigan contributed importantly to the
worker group separations and sales/production declines at the
Holland, Michigan facility.
In addition, the investigation revealed that workers of
Johnson Controls Interiors, AG Division, Holland, Michigan
meet the criteria for certification based on a shift in
production.
Criterion I has been met because a significant portion
of the workers are threatened with separation at the Holland,
Michigan location.
Criterion II has been met because the workers' firm is
shifting portion of production to a foreign country of
articles like or directly competitive with the articles
produced by the workers' firm at the Holland, Michigan
location.
Criterion III has been met because the shift in
production to Mexico by Johnson Controls Interiors, AG
Division, contributed importantly to worker separations at the
Holland, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Johnson Controls
Interiors, AG Division, including on-site leased workers of
Kelly Temporary Services, Holland, Michigan who are engaged in
activities related to the production of electronic consoles for
automotive interiors 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 Johnson Controls Interiors, AG Division,
including on-site leased workers of Kelly Temporary
Services, Holland, Michigan, who became totally or
partially separated from employment on or after July 25,
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 31st day of March, 2010


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