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TAW-73074  /  Johnson Controls (Sycamore, IL)

Petitioner Type: Unknown
Impact Date: 12/09/2008
Filed Date: 12/10/2009
Most Recent Update: 06/01/2010
Determination Date: 06/01/2010
Expiration Date: 06/01/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,074

JOHNSON CONTROLS
D/B/A HOOVER UNIVERSAL, INC.
INCLUDING ON-SITE LEASED WOREKRS FROM
KELLY SERVICES
SYCAMORE, 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 June 1, 2010, applicable to workers of Johnson
Controls, including on-site leased workers from Kelly Services,
Sycamore, Illinois. The notice was published in the Federal
Register on June 16, 2010 (75 FR 34177).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
produce seating for automobiles.
The company reports that in the state of Illinois, Johnson
Controls and Hoover Universal, Inc. are one and the same
companies. Some workers separated from employment at the subject
firm had their wages reported under a separate unemployment
insurance (UI) tax account under the name Hoover Universal, Inc.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected as a
secondary component supplier of automotive seating for an active
TAA certified firm.
The amended notice applicable to TA-W-73,074 is hereby
issued as follows:
"All workers of Johnston Controls, d/b/a Hoover Universal,
Inc., including on-site leased workers from Kelly services,
Sycamore, Illinois, who became totally or partially
separated from who became totally or partially separated
from employment on or after December 9, 2008, through June
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 8th day of February 2012.
/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,074

JOHNSON CONTROLS
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
SYCAMORE, 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 an official from the United
Automobile, Aerospace, Agricultural Implement Workers of America,
Local 1268 on behalf of workers of Johnson Controls, Sycamore,
Illinois. The workers produce seating for automobiles. The
worker group includes on-site leased workers from Kelly Services.
The investigation revealed that workers of Johnson Controls,
who are engaged in employment related to production of automotive
seating, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion of
the workers have been separated.
Criterion II has been met because Johnson Controls produced
and sold automotive seating to a firm that employed a worker
group who is covered by an active certification to be
incorporated into automobiles.
Criterion III has been met because the loss of business with
the TAA-certified customer, with respect to automotive seating,
contributed importantly to worker separations at the Sycamore,
Illinois facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Johnson Controls,
Sycamore, Illinois, who are engaged in employment related to
automotive seating, 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 Johnson Controls, including on-site leased
workers of Kelly Services, Sycamore, 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 June, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance



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