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TAW-72665  /  Federal-Mogul Powertrain, Inc. (Waupun, WI)

Petitioner Type: State
Impact Date: 10/23/2008
Filed Date: 10/26/2009
Most Recent Update: 03/03/2010
Determination Date: 03/03/2010
Expiration Date: 03/03/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,665

FEDERAL-MOGUL POWERTRAIN INC.
A DIVISION OF FEDERAL-MOGUL CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES
WAUPUN, WISCONSIN

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 services used
in the production of 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 October 26, 2009 by a one-stop operator on behalf of
workers of Federal-Mogul Powertrain Inc., a division of
Federal-Mogul Corporation, Waupun, Wisconsin. The workers
produce valve seats and valve guides. The worker group includes
on-site leased workers from Kelly Services.
The investigation revealed that workers of Federal-Mogul
Powertrain Inc. who are engaged in employment related to
production of valve seats and valve guides meet the criteria
as Suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been met because workers of Federal-
Mogul Powertrain Inc. produced and sold valve seats and valve
guides to a firm that employed a worker group that is covered
by an active TAA certification to be incorporated into
combustion engines.
Criterion III has been met because the loss of business
by Federal-Mogul Powertrain Inc. with the TAA-certified firm,
with respect to valve seats and valve guides sold to the TAA-
certified firm, contributed importantly to worker separations
at the Waupun, Wisconsin facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Federal-Mogul
Powertrain Inc., a division of Federal-Mogul Corporation,
Waupun, Wisconsin, who are engaged in employment related to
production of valve seats and valve guides 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 Federal-Mogul Powertrain Inc., a division
of Federal-Mogul Corporation, including on-site leased
workers of Kelly Services, Waupun, Wisconsin, who became
totally or partially separated from employment on or after
October 23, 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 3rd day of March, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance