Petitioner Type: State
Impact Date: 10/29/2008
Filed Date: 11/03/2009
Most Recent Update: 11/19/2009
Determination Date: 11/19/2009
Expiration Date: 11/19/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,748
NEW UNITED MOTOR MANUFACTURING, INC.
FORMERLY A JOINT VENTURE OF
GENERAL MOTORS CORPORATION AND TOYOTA MOTOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
CORESTAFF, ABM JANITORIAL,
TOYOTA ENGINEERING AND MANUFACTURING NORTH AMERICA,
NPA COATINGS, INC., PREMIER MANUFACTURING,
MACLELLAN INTEGRATED SERVICES, INC.
AND ALLIED BARTON SECURITY
AND ON-SITE WORKERS FROM DUPONT PERFORMANCE COATINGS
FREMONT, CALIFORNIA
Amended 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
issued a Certification of Eligibility to apply for Worker
Adjustment Assistance on November 19, 2009, applicable to
workers of New United Motor Manufacturing, Inc., formerly a
joint venture of General Motors Corporation and Toyota Motor
Corporation, including on-site leased workers from Corestaff,
Fremont, California. The notice was published in the Federal
Register on January 25, 2010 (75 FR 3938). The notice was
amended on April 27, 2010, May 11, 2010, June 24, 2010, July 26,
2010, and September 29, 2010 to include on-site leased workers.
The notices were published in the Federal Register on May 12,
2010 (75 FR 26794) May 21, 2010 (75 FR 28656-28657), July 7,
2010 (75 FR 39045-39046), August 6, 2010 (75 FR 47632), and
October 8, 2010 (75 FR 62424-62425), respectively.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
assemble the Toyota Corolla and the Toyota Tacoma and used to
assemble the Pontiac Vibe.
Information shows that workers leased from Allied Barton
Security were employed on-site at the Fremont, California
location of New United Motor Manufacturing, Inc., formerly a
joint venture of General Motors Corporation and Toyota Motor
Corporation. The Department has determined that these workers
were sufficiently under the control of New United Motor
Manufacturing, Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Allied Barton
Security working on-site at the Fremont, California location of
New United Motor Manufacturing, Inc., formerly a joint venture
of General Motors Corporation and Toyota Motor Corporation.
The amended notice applicable to TA-W-72,748 is hereby
issued as follows:
“All workers of New United Motor Manufacturing, Inc.,
formerly a joint venture of General Motors Corporation and
Toyota Motor Corporation, including on-site leased workers
from Corestaff, ABM Janitorial, Toyota Engineering and
Manufacturing North America, NPA Coatings, Inc., Premier
Manufacturing, MacLellan Integrated Services, Inc.; and
Allied Barton Security; and also on-site workers from
DuPont Performance Coatings, Fremont, California, who
became totally or partially separated from employment on or
after October 29, 2008, through November 19, 2011, 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 10th day of February 2011
/s/Elliott S. Kushner
_________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,748
NEW UNITED MOTOR MANUFACTURING, INC.
FORMERLY A JOINT VENTURE OF
GENERAL MOTORS CORPORATION AND TOYOTA MOTOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM CORESTAFF
FREMONT, CALIFORNIA
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. See 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 3, 2009 by a state agency representative on
behalf of workers of New United Motor Manufacturing, Inc.,
formerly a joint venture of General Motors Corporation and
Toyota Motor Corporation, Fremont, California. The workers
assemble the Toyota Corolla and the Toyota Tacoma and used to
assemble the Pontiac Vibe. Workers are not separately
identifiable by vehicle. The worker group includes on-site
leased workers from Corestaff.
The investigation revealed that workers of the Fremont
plant, who were engaged in employment related to the assembly
of automobiles, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers has been separated during the relevant period.
Criterion II has been satisfied because the subject firm
is shifting assembly of the Toyota Corolla to Canada and
Japan.
Criterion III has been met because the shift in
production contributed importantly to the worker separations
at the Fremont, California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of New United Motor
Manufacturing, Inc., formerly a joint venture of General Motors
Corporation and Toyota Motor Corporation, Fremont, California,
who are engaged in employment related to automobile production,
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 New United Motor Manufacturing, Inc.,
formerly a joint venture of General Motors Corporation and
Toyota Motor Corporation, including on-site leased workers
from Corestaff, Fremont, California, who became totally or
partially separated from employment on or after October 29,
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 19th day of November, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,748
NEW UNITED MOTOR MANUFACTURING, INC.
FORMERLY A JOINT VENTURE OF
GENERAL MOTORS CORPORATION AND TOYOTA MOTOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
CORESTAFF, ABM JANITORIAL,
TOYOTA ENGINEERING AND MANUFACTURING NORTH AMERICA,
NPA COATINGS, INC., PREMIER MANUFACTURING,
MACLELLAN INTEGRATED SERVICES, INC.
AND ALLIED BARTON SECURITY
AND ON-SITE WORKERS FROM DUPONT PERFORMANCE COATINGS
FREMONT, CALIFORNIA
Amended 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
issued a Certification of Eligibility to apply for Worker
Adjustment Assistance on November 19, 2009, applicable to
workers of New United Motor Manufacturing, Inc., formerly a
joint venture of General Motors Corporation and Toyota Motor
Corporation, including on-site leased workers from Corestaff,
Fremont, California. The notice was published in the Federal
Register on January 25, 2010 (75 FR 3938). The notice was
amended on April 27, 2010, May 11, 2010, June 24, 2010, July 26,
2010, and September 29, 2010 to include on-site leased workers.
The notices were published in the Federal Register on May 12,
2010 (75 FR 26794) May 21, 2010 (75 FR 28656-28657), July 7,
2010 (75 FR 39045-39046), August 6, 2010 (75 FR 47632), and
October 8, 2010 (75 FR 62424-62425), respectively.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
assemble the Toyota Corolla and the Toyota Tacoma and used to
assemble the Pontiac Vibe.
Information shows that workers leased from Allied Barton
Security were employed on-site at the Fremont, California
location of New United Motor Manufacturing, Inc., formerly a
joint venture of General Motors Corporation and Toyota Motor
Corporation. The Department has determined that these workers
were sufficiently under the control of New United Motor
Manufacturing, Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Allied Barton
Security working on-site at the Fremont, California location of
New United Motor Manufacturing, Inc., formerly a joint venture
of General Motors Corporation and Toyota Motor Corporation.
The amended notice applicable to TA-W-72,748 is hereby
issued as follows:
“All workers of New United Motor Manufacturing, Inc.,
formerly a joint venture of General Motors Corporation and
Toyota Motor Corporation, including on-site leased workers
from Corestaff, ABM Janitorial, Toyota Engineering and
Manufacturing North America, NPA Coatings, Inc., Premier
Manufacturing, MacLellan Integrated Services, Inc.; and
Allied Barton Security; and also on-site workers from
DuPont Performance Coatings, Fremont, California, who
became totally or partially separated from employment on or
after October 29, 2008, through November 19, 2011, 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 10th day of February 2011
/s/Elliott S. Kushner
_________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,748
NEW UNITED MOTOR MANUFACTURING, INC.
FORMERLY A JOINT VENTURE OF
GENERAL MOTORS CORPORATION AND TOYOTA MOTOR CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM CORESTAFF
FREMONT, CALIFORNIA
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. See 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 3, 2009 by a state agency representative on
behalf of workers of New United Motor Manufacturing, Inc.,
formerly a joint venture of General Motors Corporation and
Toyota Motor Corporation, Fremont, California. The workers
assemble the Toyota Corolla and the Toyota Tacoma and used to
assemble the Pontiac Vibe. Workers are not separately
identifiable by vehicle. The worker group includes on-site
leased workers from Corestaff.
The investigation revealed that workers of the Fremont
plant, who were engaged in employment related to the assembly
of automobiles, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers has been separated during the relevant period.
Criterion II has been satisfied because the subject firm
is shifting assembly of the Toyota Corolla to Canada and
Japan.
Criterion III has been met because the shift in
production contributed importantly to the worker separations
at the Fremont, California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of New United Motor
Manufacturing, Inc., formerly a joint venture of General Motors
Corporation and Toyota Motor Corporation, Fremont, California,
who are engaged in employment related to automobile production,
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 New United Motor Manufacturing, Inc.,
formerly a joint venture of General Motors Corporation and
Toyota Motor Corporation, including on-site leased workers
from Corestaff, Fremont, California, who became totally or
partially separated from employment on or after October 29,
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 19th day of November, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance