Petitioner Type: Workers
Impact Date: 09/24/2008
Filed Date: 09/25/2009
Most Recent Update: 02/26/2010
Determination Date: 02/26/2010
Expiration Date: 02/26/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,409
NUWAY SPEAKER PRODUCTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AMBASSADOR PERSONNEL
CLINTON, NORTH CAROLINA
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 "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on September 25, 2009 on behalf of workers of Nuway
Speaker Products, Inc., Clinton, North Carolina. The workers
produce speaker components for audio equipment. The worker
group includes on-site leased workers from Ambassador
Personnel.
The investigation revealed that workers of Nuway who are
engaged in activities related to production of non-metal
speaker components meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers were separated or are threatened with
separations during the relevant period.
Criterion II has been met because workers of Nuway
produced and sold speaker components to a firm that employed a
worker group that is covered by an active certification to be
incorporated into amplifiers.
Criterion III has been met because the firm that employed
a worker group covered by an active certification accounted
for at least 20 percent of the production or sales of Nuway.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nuway Speaker
Products, Inc., Clinton, North Carolina who are engaged in
activities related to the production of speaker components meet
the worker group certification criteria under Section 222(c) of
the Act, 19 U.S.C. § 2272(c). In accordance with Section 223 of
the Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Nuway Speaker Products, Inc., including
on-site leased workers from Ambassador Personnel, Clinton,
North Carolina, who became totally or partially separated
from employment on or after September 24, 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 26th day of February, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,409
NUWAY SPEAKER PRODUCTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AMBASSADOR PERSONNEL
CLINTON, NORTH CAROLINA
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 "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on September 25, 2009 on behalf of workers of Nuway
Speaker Products, Inc., Clinton, North Carolina. The workers
produce speaker components for audio equipment. The worker
group includes on-site leased workers from Ambassador
Personnel.
The investigation revealed that workers of Nuway who are
engaged in activities related to production of non-metal
speaker components meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers were separated or are threatened with
separations during the relevant period.
Criterion II has been met because workers of Nuway
produced and sold speaker components to a firm that employed a
worker group that is covered by an active certification to be
incorporated into amplifiers.
Criterion III has been met because the firm that employed
a worker group covered by an active certification accounted
for at least 20 percent of the production or sales of Nuway.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nuway Speaker
Products, Inc., Clinton, North Carolina who are engaged in
activities related to the production of speaker components meet
the worker group certification criteria under Section 222(c) of
the Act, 19 U.S.C. § 2272(c). In accordance with Section 223 of
the Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Nuway Speaker Products, Inc., including
on-site leased workers from Ambassador Personnel, Clinton,
North Carolina, who became totally or partially separated
from employment on or after September 24, 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 26th day of February, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance