Certified
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TAW-72732  /  Federal-Mogul (Michigan City, IN)

Petitioner Type: Company
Impact Date: 11/21/2009
Filed Date: 11/02/2009
Most Recent Update: 01/22/2010
Determination Date: 01/22/2010
Expiration Date: 01/22/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,732

FEDERAL-MOGUL
WIPER PRODUCTS DIVISION
A SUBSIDIARY OF FEDERAL-MOGUL
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
MICHIGAN CITY, INDIANA

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(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 if either:

(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 shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii)).

The investigation was initiated in response to a petition
filed on November 2, 2009 by the company official on behalf of
workers of Federal-Mogul, Wiper Products Division, a subsidiary
of Federal-Mogul, Michigan City, Indiana (Federal-Mogul
Michigan City). The workers are engaged in activities related to
the production of windshield wipers, blades, refills, and arms
for the automobile industry. The workers are not separately
identifiable by products produced. The worker group includes on-
site leased workers from Kelly Services. Also, the workers were
under an existing certification (TA-W-62,398) that expired on
November 20, 2009.
The investigation revealed that workers of Federal-Mogul
Michigan City who are engaged in activities related to the
production of windshield wipers, blades, refills, and arms for
the automobile industry meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of windshield wipers, blades, refills, and
arms for the automobile industry by Federal-Mogul Michigan City
to Mexico.
Criterion III has been met because the shift in production
of windshield wipers, blades, refills, and arms for the
automobile industry by Federal-Mogul Michigan City to Mexico
contributed importantly to worker group separations at Federal-
Mogul Michigan City.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Federal-Mogul, Wiper
Products Division, a subsidiary of Federal-Mogul, including
on-site leased workers from Kelly Services, Michigan City,
Indiana who are engaged in activities related to production of
windshield wipers, blades, refills, and arms for the automobile
industry, 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 Federal-Mogul, Wiper Products Division, a
subsidiary of Federal-Mogul, including on-site leased
workers from Kelly Services, Michigan City, Indiana, who
became totally or partially separated from employment on or
after November 21, 2009, 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."
Signed in Washington, D.C., this 22nd day of January, 2010


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