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TAW-71919  /  Denso Manufacturing of Michigan (Battle Creek, MI)

Petitioner Type: Workers
Impact Date: 08/03/2008
Filed Date: 08/05/2009
Most Recent Update: 09/10/2009
Determination Date: 09/10/2009
Expiration Date: 09/10/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,919

DENSO MANUFACTURING OF MIGHIGAN
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO EMPLOYMENT
SERVICES, ADECCO TECHNICAL, AEROTEC, INC., ANCHOR STAFFING,
CAPITOL SOFTWARE SYSTEMS, DONOHUE COMPUTER SERVICES, HISTORIC
NORTHSIDE FAMILY PRACTICE, SCRIPTURE AND ASSOCIATES, SUMMIT
SOFTWARE SERVICES DD, TACWORLDWIDE COMPANIES, TALENT TRAX, TEK
SYSTEMS, KELLY SERVICES AND EMPLOYMENT GROUP
BATTLE CREEK, MICHIGAN

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 September 10, 2009, applicable to workers of Denso
Manufacturing of Michigan, including leased workers from Adecco
Employment Services, Adecco Technical, Aerotec, Inc., Anchor
Staffing, Capitol Software Systems, Donohue Computer Services,
Historic Northside Family Practice, Scripture and Associates,
Summit Software Services DD, Tacworldwide Companies, Talent Trax,
Tek Systems and Kelly Services, Battle Creek, Michigan. The
notice was published in the Federal Register on November 5, 2009
(74 FR 57338).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of heat exchangers.
New information shows that workers leased from Employment
Group were employed on-site at the Battle Creek, Michigan
location of Denso Manufacturing of Michigan. The Department has
determined that these workers were sufficiently under the control
of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Employment Group
working on-site at the Battle Creek, Michigan location of Denso
Manufacturing of Michigan.


The amended notice applicable to TA-W-71,919 is hereby
issued as follows:
"All workers Denso Manufacturing of Michigan, including
leased workers from Adecco Employment Services, Adecco
Technical, Aerotec, Inc., Anchor Staffing, Capitol
Software Systems, Donohue Computer Services, Historic
Northside Family Practice, Scripture and Associates,
Summit Software Services DD, Tacworldwide Companies,
Talent Trax, Tek Systems, Kelly Services and Employment
Group, Battle Creek, Michigan, who became totally or
partially separated from employment on or after August
3, 2008, through September 10, 2011, 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 at Washington, D.C. this 5th day of May 2010

/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,919

DENSO MANUFACTURING OF MICHIGAN
INCLUDING ON-SITE LEASED WORKERS OF ADECCO EMPLOYMENT
SERVICES, ADECCO TECHNICAL, AEROTEC, INC., ANCHOR STAFFING,
CAPITOL SOFTWARE SYSTEMS, DONOHUE COMPUTER SERVICES, HISTORIC
NORTHSIDE FAMILY PRACTICE, SCRIPTURE AND ASSOCIATES, SUMMIT
SOFTWARE SERVICES DD, TACWORLDWIDE COMPANIES, TALENT TRAX, TEK
SYSTEMS, AND KELLY SERVICES
BATTLE CREEK, 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:
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
on August 5, 2009 by three individual workers on behalf of
workers of Denso Manufacturing of Michigan, Inc. The worker
group includes on-site leased workers of Adecco Employment
Services, Adecco Technical, Aerotec, Inc., Anchor Staffing,
Capitol Software Systems, Donohue Computer Services,
Historical Northside Family Practice, Scripture and
Associates, Summit Software Services, Tacworldwide Companies,
Talent Trax, Tek Systems, and Kelly Services, Battle Creek,
Michigan. The workers produce and maintain equipment used in
the production of automotive heat exchangers.
The investigation revealed that workers of Denso
Manufacturing of Michigan, Inc. who are engaged in employment
related to the production and maintenance of equipment used in
the production of heat exchangers meet the criteria for
certification.
Criterion I has been met because at least five percent of
the workers have been separated during the relevant period.
Criterion II has been satisfied because Denso Manufacturing
of Michigan, Inc. has shifted to a foreign country a portion of
the production of articles like or directly competitive with
those produced by the workers.
Criterion III has been met because the shift in production
of automotive heat exchangers to Canada by Denso Manufacturing of
Michigan, Inc. contributed importantly to worker group
separations at the Battle Creek facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Denso Manufacturing of
Michigan, Inc., including on-site leased workers of Adecco
Employment Services, Adecco Technical, Aerotec, Inc., Anchor
Staffing, Capitol Software Systems, Donohue Computer Services,
Historical Northside Family Practice, Scripture and Associates,
Summit Software Services, Tacworldwide Companies, Talent Trax,
Tek Systems, and Kelly Services, who are engaged in employment
related to the production and maintenance of equipment used in
the production of automotive heat exchangers 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 Denso Manufacturing of Michigan, Inc.,
including on-site leased workers of Adecco Employment
Services, Adecco Technical, Aerotec, Inc., Anchor Staffing,
Capitol Software Systems, Donohue Computer Services,
Historical Northside Family Practice, Scripture and
Associates, Summit Software Services, Tacworldwide
Companies, Talent Trax, Tek Systems, and Kelly Services, who
became totally or partially separated from employment on or
after August 3, 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 10th day of September, 2009

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance





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