Petitioner Type: Workers
Impact Date: 09/01/2008
Filed Date: 09/11/2009
Most Recent Update: 04/16/2010
Determination Date: 04/16/2010
Expiration Date: 04/16/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,282
NCM LP
GRUNDY CENTER, IOWA
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. 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;
II. 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
III. 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.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on September 11, 2009 on behalf of the workers of NCM LP,
Grundy Center, Iowa (NCM LP). Workers at the subject firm are
engaged in activities related to the production of molded air
cleaner housings and final assembly of air cleaners. The
workers are not separately identifiable by product.
The investigation revealed that workers of NCM LP, Grundy
Center, Iowa who are engaged in employment related to the
assembly of air cleaners meet the criteria as a Downstream
Producer for secondary worker 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 workers of NCM LP
produced and were engaged in the final assembly of air
cleaners for a firm that employed a worker group who is
covered by an active certification. The certified firm
provided parts to NCM LP for the final assembly of air
cleaners firm's certification.
Criterion III has been satisfied because the loss of
business by NCM LP with the TAA-certified firm, with respect
to the article that was the basis of the firm's certification,
accounted for at least 20 percent of the production or sales
of NCM LP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NCM LP, Grundy
Center, Iowa who are engaged in employment related to the final
assembly of air cleaners 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 NCM LP, Grundy Center, Iowa, who became
totally or partially separated from employment on or after
September 1, 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 16th day of April 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,282
NCM LP
GRUNDY CENTER, IOWA
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. 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;
II. 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
III. 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.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on September 11, 2009 on behalf of the workers of NCM LP,
Grundy Center, Iowa (NCM LP). Workers at the subject firm are
engaged in activities related to the production of molded air
cleaner housings and final assembly of air cleaners. The
workers are not separately identifiable by product.
The investigation revealed that workers of NCM LP, Grundy
Center, Iowa who are engaged in employment related to the
assembly of air cleaners meet the criteria as a Downstream
Producer for secondary worker 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 workers of NCM LP
produced and were engaged in the final assembly of air
cleaners for a firm that employed a worker group who is
covered by an active certification. The certified firm
provided parts to NCM LP for the final assembly of air
cleaners firm's certification.
Criterion III has been satisfied because the loss of
business by NCM LP with the TAA-certified firm, with respect
to the article that was the basis of the firm's certification,
accounted for at least 20 percent of the production or sales
of NCM LP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NCM LP, Grundy
Center, Iowa who are engaged in employment related to the final
assembly of air cleaners 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 NCM LP, Grundy Center, Iowa, who became
totally or partially separated from employment on or after
September 1, 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 16th day of April 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance