DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,174

JOHNSON CONTROLS, INC.
BUILDING EFFICIENCY DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
EXPRESS EMPLOYMENT PROFESSIONALS
ROANOKE, VIRGINIA

Determinations 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 31, 2009 by a company official on behalf of
workers of Johnson Controls Inc., Building Efficiency Division,
Roanoke, Virginia. The workers are engaged in the production of
single stage compressors, screw compressor assemblies, and rotor
cells for commercial and industrial air conditioning
applications. Workers are separately identifiable by product
line and include on-site leased workers of Express Employment
Professionals.
The investigation revealed that workers of the subject firm
who are engaged in employment related to the productions of
screw compressor assemblies and rotor cells meet the following
criteria for certification.
Criterion I has been met because a significant number and
portion of workers were separated during the period under
investigation.
Criterion II has been met because the subject firm is
shifting production of screw compressor assemblies and rotor
cells to an affiliated facility in Mexico.
Criterion III has been met because the shift of
production by the subject firm contributed importantly to
worker group separations at the subject facility.
Regarding workers engaged in employment related to the
production of single stage compressors, the investigation
revealed that criteria II and III have not been met.
Criterion II has not been met because the subject firm
did not shift production of single stage compressors to any
foreign locations, not did it import such article during the
periods under investigation.
Additionally, the Department of Labor surveyed the
subject firm's principal customers regarding their purchases
of single stage compressors during the periods under
investigation. Results of the survey revealed that customers
did not import like or directly competitive articles produced
by the subject firm.
An analysis of United States' aggregate imports of single
stage compressors into the United States revealed that imports
declined during 2008 over the corresponding 2007 period and
January through November 2009 over the corresponding 2008
period.
Criterion III has not been met because the workers'
separation or threat of separation was not related to any
increase in imports of single stage compressors or a shift in
production/acquisition abroad.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion II has not been met
because the workers did not produce an article that was used by
a firm with TAA-certified workers in the production of an
article or supply of a service that was the basis for TAA-
certification.
Finally, the group eligibility requirement 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 Johnson Controls
Inc., Building Efficiency Division, including on-site leased
workers of Express Employment Professionals, Roanoke, Virginia
who are engaged in employment related to the production of screw
compressor assemblies and rotor cells 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 Inc., Building Efficiency
Division, including on-site leased workers of Express
Employment Professionals, Roanoke, Virginia who were
engaged in employment related to the production of screw
compressor assemblies and rotor cells and became totally
or partially separated from employment on or after August
28, 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."
Furthermore, after careful review of the facts obtained in
the investigation, I determine that all workers of Johnson
Controls Incorporated, Building Efficiency Division, including
on-site leased workers of Express Employment Professionals,
Roanoke, Virginia, engaged in activities related to the
production of single stage compressors, are denied eligibility
to apply for trade adjustment assistance under Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 28th day of January 2010


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