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TAW-73070  /  Oakley Industries Sub Assembly Division, Incorporated (Belvidere, IL)

Petitioner Type: Union
Impact Date: 12/09/2008
Filed Date: 12/10/2009
Most Recent Update: 06/04/2010
Determination Date: 06/04/2010
Expiration Date: 06/04/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,070

OAKLEY INDUSTRIES SUB ASSEMBLY DIVISION, INCORPORATED
INCLUDING ON-SITE LEASED WORKERS FROM QPS COMPANIES
BELVIDERE, ILLINOIS

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 December 10, 2009, by the United Auto Workers, Local
1268, on behalf of workers of Oakley Industries Sub Assembly
Division, Incorporated, Belvidere, Illinois (Oakley Industries).
The workers are engaged in employment related to the production
of automotive tire and wheel assemblies. The worker group
includes on-site leased workers from QPS Companies.
The investigation revealed that workers of Oakley
Industries, who are engaged in employment related to the
production of automotive tire and wheel assemblies, meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
or number of workers at Oakley Industries was totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because workers of Oakley
Industries produced and sold automotive tire and wheel
assemblies to be incorporated into vehicles to a firm that
employed a worker group that is currently eligible to apply
for Trade Adjustment Assistance (TAA) and the article that is
the basis for the TAA certification is related to the
component part produced by the subject worker group.
Criterion III has been met because the loss of business
by Oakley Industries with the firm with the TAA-certified
worker group, with respect to automotive tire and wheel
assemblies, contributed importantly to worker separations at
the Belvidere, Illinois facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oakley Industries Sub
Assembly Division, Incorporated, including on-site leased
workers of QPS Companies, Belvidere, Illinois, who are engaged
in employment related to the production of automotive tire and
wheel assemblies, 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 Oakley Industries Sub Assembly Division,
Incorporated, including on-site leased workers of QPS
Companies, Belvidere, Illinois, who became totally or
partially separated from employment on or after December 9,
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 4th day of June, 2010
/s/Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance