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TAW-72029  /  Automotive Components Holdings, LLC (Saline, MI)

Petitioner Type: Union
Impact Date: 08/13/2008
Filed Date: 08/14/2009
Most Recent Update: 02/19/2010
Determination Date: 02/19/2010
Expiration Date: 05/02/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,029

AUTOMOTIVE COMPONENTS HOLDINGS, LLC
A SUBSIDIARY OF FORD MOTOR COMPANY
SALINE PLANT DIVISION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER FORD COMPANY,
VISTEON, MSX INTERNATIONAL, W.J. O’NEIL COMPANY, AND UNIBAR
SALINE, MICHIGAN

Notice of Revised Determination
on Reconsideration

On October 7, 2010, the Department issued a Notice of
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Automotive Components
Holdings, LLC, a Subsidiary of Ford Motor Company, Saline Plant
Division, Saline, Michigan (subject firm) to apply for Trade
Adjustment Assistance (TAA). The Department’s Notice was published
in the Federal Register on October 25, 2010 (75 FR 65514). The
workers are engaged in employment related to the production of
interior automotive component parts. The worker group includes
workers whose wages were reported under Ford Company, Visteon, MSX
International, W.J. O’Neil Company, and Unibar.
New information provided by subject firm officials, the United
Automobile, Aerospace, and Agricultural Implement Workers of
America (UAW), Local 1124, and the State of Michigan workforce
officials, revealed that workers and former workers of the subject
firm, including workers whose wages were reported under Ford
Company, Visteon, MSX International, W.J. O’Neil Company, and
Unibar, meet the certification criteria.
During the reconsideration investigation, the Department
received additional information regarding the subject firm’s
staffing arrangements with Ford Company and Visteon and how the
Saline, Michigan facility operated in conjunction with affiliated
production facilities, including those what have employed worker
groups eligible to apply for TAA.
Criterion I has been met because a significant number or
proportion of workers at the subject firm were totally separated.
Criterion II has been met because sales and production of
interior automotive component parts at the subject firm decreased
absolutely during the relevant period.
Criterion III has been met because imports of articles like
or directly competitive with the interior automotive component
parts produced by Automotive Components Holdings, LLC, a Subsidiary
of Ford Motor Company, Saline Plant Division, Saline, Michigan,
increased during the relevant period and contributed importantly
to worker separations at the Saline, Michigan facility.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers and former workers of
Automotive Components Holdings, LLC, a Subsidiary of Ford Motor
Company, Saline Plant Division, Saline, Michigan, who are engaged
in employment related to the production of interior automotive
component parts, 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 Automotive Components Holdings, LLC, a
Subsidiary of Ford Motor Company, Saline Plant Division,
including workers whose wages were reported under Ford
Company, Visteon, MSX International, W.J. O’Neil Company, and
Unibar, Saline, Michigan, who became totally or partially
separated from employment on or after August 13, 2008, through
two years from the date of this revised 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 2nd day of May, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,029

AUTOMOTIVE COMPONENTS HOLDINGS, LLC
A SUBSIDIARY OF FORD MOTOR COMPANY
SALINE PLANT DIVISION
SALINE, MICHIGAN

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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 in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND

(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(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 increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer”. For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) 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;

(2) 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

(3) 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or

(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on August 14, 2009, by the United Auto Workers (UAW), Local
892, on behalf of workers of Automotive Components Holdings, LLC, a
Subsidiary of Ford Motor Company, Saline Plant Division, Saline,
Michigan (Automotive Components Holdings-Saline Plant). The
workers produce interior automotive components.
The petitioner does not make an allegation specific to
Automotive Components Holdings-Saline Plant with regard to the
workers’ eligibility to apply for Trade Adjustment Assistance
(TAA) but did include a news article that stated that a “deal to
sell the Automotive Components Holdings LLC plant in Saline has
fallen through” and that “the decision to terminate the sale was
mutual” and was blamed on the economy.
20 CFR 617 defines an adversely affected worker to be “an
individual who, because of lack of work . . . has been totally or
partially separated from such employment.” The regulation also
defines a total separation to be a lay-off or a severance of an
employee and a lay-off to be “a suspension of or separation from
employment by a firm for lack of work, initiated by the
employer.”
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion I has not been met because neither a
significant number nor proportion of workers at Automotive
Components Holdings-Saline Plant were totally or partially
separated or threatened with such separations.
Employment at Automotive Components Holdings-Saline Plant
increased in 2008 from 2007 levels and increased during January
through June 2009 from January through June 2008 levels. Further,
worker separations are due to UAW workers from other Ford plants
displacing workers at Automotive Components Holdings-Saline Plant
with less seniority.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (1) has not been met because neither a
significant number nor proportion of workers were totally or
partially separated in the previous year and the firm does not plan
any future separations.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an affirmative
finding of injury by the International Trade Commission.





Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Automotive Components
Holdings, LLC, a Subsidiary of Ford Motor Company, Saline Plant
Division, Saline, Michigan, who produce interior automotive
components, are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 19th day of February, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,029

AUTOMOTIVE COMPONENTS HOLDINGS, LLC
A SUBSIDIARY OF FORD MOTOR COMPANY
SALINE PLANT DIVISION
SALINE, MICHIGAN

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application sent to this office on April 8, 2010, the
United Automobile, Aerospace, and Agricultural Implement Workers of
America (UAW), Local 1124, requested administrative reconsideration
of the negative determination regarding workers’ eligibility to
apply for Trade Adjustment Assistance (TAA) applicable to workers
and former workers of the subject firm. The determination was
issued on February 19, 2010, and the Notice of Determination was
published in the Federal Register on March 12, 2010 (75 FR 11925).
The workers produce interior automotive components.
The negative determination was based on the findings that
neither a significant number nor proportion of workers at the
subject facility was totally or partially separated, or threatened
with such separation, during the relevant period.
The UAW asserts that the Department has misinterpreted the
statute and states that “as many as 830 Visteon workers were
notified that they would be replaced” and asserts that about 1800
workers were employed at the subject firm.
The Department has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 7th day of October, 2010
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P







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