Petitioner Type: Union
Impact Date: 12/09/2008
Filed Date: 12/10/2009
Most Recent Update: 07/01/2010
Determination Date: 07/01/2010
Expiration Date: 07/01/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,072
ANDROID INDUSTRIES BELVIDERE, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
QPS EMPLOYMENT GROUP, SPHERION CORPORATION, AND STAFF ON SITE
BELVIDERE, ILLINOIS
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 July 1, 2010, applicable to workers of Android
Industries Belvidere, LLC, including on-site leased workers from
QPS Employment Group and Spherion Corporation, Belvidere,
Illinois. The workers produce engines and instrument panels for
automobiles. The notice was published in the Federal Register on
July 16, 2010 (75 FR 41526).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from Staff on Site were employed on-
site at the Belvidere, Illinois location of Android Industries
Belvidere, LLC. The Department has determined that these workers
were sufficiently under the control of Android Industries
Belvidere, LLC to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Staff on Site
working on-site at the Belvidere, Illinois location of Android
Industries Belvidere, LLC.
The amended notice applicable to TA-W-73,072 is hereby
issued as follows:
"All workers of Android Industries, Belvidere, LLC,
including on-site leased workers from QPS Employment,
Spherion Corporation and Staff on Site, Belvidere,
Illinois, who became totally or partially separated
from employment on or after December 9, 2008, through
July 1, 2012, 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 at Washington, D.C. this 12th day of December 2011.
/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,072
ANDROID INDUSTRIES BELVIDERE, LLC
INCLUDING ON-SITE LEASED WORKERS FROM QPS EMPLOYMENT GROUP AND
SPHERION CORPORATION
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 on behalf of workers of Android
Industries Belvidere, LLC, Belvidere, Illinois. The workers
produce engines and instrument panels for automotives. The worker
group includes on-site leased workers from QPS Employment Group and
Spherion Corporation.
The investigation revealed that workers of the subject firm,
including on-site leased workers, who are engaged in employment
related to the production of engines and instrument panels for
automotives, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion or
number of workers at the subject firm has been totally or
partially separated, or are threatened with such separation.
Criterion II has been met because workers of the subject
firm produced component parts that were directly supplied to a
firm that employed a worker group that is currently eligible to
apply for Trade Adjustment Assistance (TAA), and the component
supplied was related to the production of the article that was
the basis for the TAA certification.
Criterion III has been met because the loss of business by
the subject firm with the afore-mentioned firm, with respect to
engines and instrument panels sold to the firm, 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 Android Industries,
Belvidere, LLC, Belvidere, Illinois, who are engaged in employment
related to the production of engines and instrument panels for
automotives, 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 Android Industries, Belvidere, LLC, including
on-site leased workers from QPS Employment and Spherion
Corporation, 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 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 1st day of July, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-73,072
ANDROID INDUSTRIES BELVIDERE, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
QPS EMPLOYMENT GROUP, SPHERION CORPORATION, AND STAFF ON SITE
BELVIDERE, ILLINOIS
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 July 1, 2010, applicable to workers of Android
Industries Belvidere, LLC, including on-site leased workers from
QPS Employment Group and Spherion Corporation, Belvidere,
Illinois. The workers produce engines and instrument panels for
automobiles. The notice was published in the Federal Register on
July 16, 2010 (75 FR 41526).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from Staff on Site were employed on-
site at the Belvidere, Illinois location of Android Industries
Belvidere, LLC. The Department has determined that these workers
were sufficiently under the control of Android Industries
Belvidere, LLC to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Staff on Site
working on-site at the Belvidere, Illinois location of Android
Industries Belvidere, LLC.
The amended notice applicable to TA-W-73,072 is hereby
issued as follows:
"All workers of Android Industries, Belvidere, LLC,
including on-site leased workers from QPS Employment,
Spherion Corporation and Staff on Site, Belvidere,
Illinois, who became totally or partially separated
from employment on or after December 9, 2008, through
July 1, 2012, 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 at Washington, D.C. this 12th day of December 2011.
/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,072
ANDROID INDUSTRIES BELVIDERE, LLC
INCLUDING ON-SITE LEASED WORKERS FROM QPS EMPLOYMENT GROUP AND
SPHERION CORPORATION
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 on behalf of workers of Android
Industries Belvidere, LLC, Belvidere, Illinois. The workers
produce engines and instrument panels for automotives. The worker
group includes on-site leased workers from QPS Employment Group and
Spherion Corporation.
The investigation revealed that workers of the subject firm,
including on-site leased workers, who are engaged in employment
related to the production of engines and instrument panels for
automotives, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion or
number of workers at the subject firm has been totally or
partially separated, or are threatened with such separation.
Criterion II has been met because workers of the subject
firm produced component parts that were directly supplied to a
firm that employed a worker group that is currently eligible to
apply for Trade Adjustment Assistance (TAA), and the component
supplied was related to the production of the article that was
the basis for the TAA certification.
Criterion III has been met because the loss of business by
the subject firm with the afore-mentioned firm, with respect to
engines and instrument panels sold to the firm, 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 Android Industries,
Belvidere, LLC, Belvidere, Illinois, who are engaged in employment
related to the production of engines and instrument panels for
automotives, 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 Android Industries, Belvidere, LLC, including
on-site leased workers from QPS Employment and Spherion
Corporation, 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 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 1st day of July, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
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