Petitioner Type: Company
Impact Date: 11/20/2008
Filed Date: 11/23/2009
Most Recent Update: 02/18/2010
Determination Date: 02/18/2010
Expiration Date: 02/18/2012
Employment and Training Administration
TA-W-72,921
KOSTAL OF AMERICA, INC.
A SUBSIDIARY OF KOSTAL BETEILIGUNGSGESSELLSCHAFT GMBH
INCLUDING ON-SITE LEASED WORKERS FROM TRIALON CORPORATION, NEW
DIMESION, KOLAR CORPORATION, PGK ENGINEERING, AND SNELLING
STAFFING SERVICES
TROY, MICHIGAN
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 23, 2009 by a company official on behalf of
workers of Kostal of America, Inc., a subsidiary of Kostal
Beteiligungsgessellschaft GmbH, Troy, Michigan. The workers are
engaged in activities related to sales and engineering services
for electronic and electro-mechanical products for the
automotive industry such as various switches and modules. The
workers are not separately identifiable by services.
The worker group also includes on-site leased workers from
Trialon Corporation, New Dimension, Kolar Corporation, PGK
Engineering, and Snelling Staffing Services.
The investigation revealed that workers of Kostal of
America, Inc., a subsidiary of Kostal Beteiligungsgessellschaft
GmbH, including on-site leased workers from Trialon
Corporation, New Dimension, Kolar Corporation, PGK Engineering,
and Snelling Staffing Services Troy, Michigan, (Kostal America)
who are engaged in activities related to engineering and sales
services 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 met because there has been a shift
in engineering and sales services by Kostal America to Mexico.
Criterion III has been met because the shift in
engineering and sales services by Kostal America to Mexico
contributed importantly to worker group separations at Kostal
America.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kostal of America,
Inc., a subsidiary of Kostal Beteiligungsgessellschaft GmbH,
including on-site leased workers from Trialon Corporation, New
Dimension, Kolar Corporation, PGK Engineering, and Snelling
Staffing Services Troy, Michigan, who are engaged in activities
related to engineering and sales services, 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 Kostal of America, Inc., a subsidiary of
Kostal Beteiligungsgessellschaft GmbH, including on-site
leased workers from Trialon Corporation, New Dimension,
Kolar Corporation, PGK Engineering, and Snelling Staffing
Services Troy, Michigan, who became totally or partially
separated from employment on or after November 20, 2008,
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 18th day of February, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance