Petitioner Type: Company
Impact Date: 02/22/2010
Filed Date: 12/28/2009
Most Recent Update: 01/22/2010
Determination Date: 01/22/2010
Expiration Date: 01/22/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,157
FCI USA, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER, INC.
MOUNT UNION, PENNSYLVANIA
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 January 22, 2010, applicable to workers
of FCI USA, LLC, including on-site leased workers from Manpower,
Inc., Mount Union, Pennsylvania. The notice will be published
soon in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of
electrical components for various communications devices,
personal computers, and auto dashboards.
The review shows that on February 21, 2008, a certification
of eligibility to apply for adjustment assistance was issued for
all workers of FCI USA, Inc., Mount Union, Pennsylvania,
separated from employment on or after September 28, 2007 through
February 21, 2010. The notice was published in the Federal
Register on March 7, 2008 (73 FR 12466).
In order to avoid an overlap in worker group coverage, the
Department is amending the December 22, 2008 impact date
established for TA-W-73,157, to read February 22, 2010.
The amended notice applicable to TA-W-73,157 is hereby
issued as follows:
“All workers of FCI USA, LLC, including on-site leased
workers from Manpower, Inc., Mount Union, Pennsylvania,
who became totally or partially separated from employment
on or after February 22, 2010, through January 22, 2012,
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 day of February 2010.
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,157
FCI USA, LLC
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER, INC.
MOUNT UNION, PENNSYLVANIA
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 December 28, 2009 by a company official on behalf of
workers of FCI USA, LLC, Mount Union, Pennsylvania (FCI),
including on-site leased workers from Manpower, Inc., Altoona,
Pennsylvania. The workers are engaged in activities related to
the production of electrical components for various
communication devices, personal computers, and auto
dashboards.
The investigation revealed that workers of FCI who are
engaged in activities related to the production of electrical
components for various communication devices, personal
computers, and auto dashboards meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm
has shifted to China, India, and Brazil the production of an
article like or directly competitive with the article produced
by the workers.
Criterion III has been met because the shift of
production of electrical components for various communication
devices, personal computers, and auto dashboards to China,
India, and Brazil by FCI contributed importantly to worker
group separations at FCI.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FCI USA, LLC, Mount
Union, Pennsylvania, including on-site leased workers from
Manpower, Inc., Altoona, Pennsylvania, who are engaged in
activities related to the production of electrical components
for various communication devices, personal computers, and
auto dashboards 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 FCI USA, LLC, Mount Union, Pennsylvania,
including on-site leased workers from Manpower, Inc.,
Altoona, Pennsylvania, who became totally or partially
separated from employment on or after December 22, 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 22nd day of January, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-73,157
FCI USA, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER, INC.
MOUNT UNION, PENNSYLVANIA
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 January 22, 2010, applicable to workers
of FCI USA, LLC, including on-site leased workers from Manpower,
Inc., Mount Union, Pennsylvania. The notice will be published
soon in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of
electrical components for various communications devices,
personal computers, and auto dashboards.
The review shows that on February 21, 2008, a certification
of eligibility to apply for adjustment assistance was issued for
all workers of FCI USA, Inc., Mount Union, Pennsylvania,
separated from employment on or after September 28, 2007 through
February 21, 2010. The notice was published in the Federal
Register on March 7, 2008 (73 FR 12466).
In order to avoid an overlap in worker group coverage, the
Department is amending the December 22, 2008 impact date
established for TA-W-73,157, to read February 22, 2010.
The amended notice applicable to TA-W-73,157 is hereby
issued as follows:
“All workers of FCI USA, LLC, including on-site leased
workers from Manpower, Inc., Mount Union, Pennsylvania,
who became totally or partially separated from employment
on or after February 22, 2010, through January 22, 2012,
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 day of February 2010.
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,157
FCI USA, LLC
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER, INC.
MOUNT UNION, PENNSYLVANIA
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 December 28, 2009 by a company official on behalf of
workers of FCI USA, LLC, Mount Union, Pennsylvania (FCI),
including on-site leased workers from Manpower, Inc., Altoona,
Pennsylvania. The workers are engaged in activities related to
the production of electrical components for various
communication devices, personal computers, and auto
dashboards.
The investigation revealed that workers of FCI who are
engaged in activities related to the production of electrical
components for various communication devices, personal
computers, and auto dashboards meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm
has shifted to China, India, and Brazil the production of an
article like or directly competitive with the article produced
by the workers.
Criterion III has been met because the shift of
production of electrical components for various communication
devices, personal computers, and auto dashboards to China,
India, and Brazil by FCI contributed importantly to worker
group separations at FCI.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FCI USA, LLC, Mount
Union, Pennsylvania, including on-site leased workers from
Manpower, Inc., Altoona, Pennsylvania, who are engaged in
activities related to the production of electrical components
for various communication devices, personal computers, and
auto dashboards 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 FCI USA, LLC, Mount Union, Pennsylvania,
including on-site leased workers from Manpower, Inc.,
Altoona, Pennsylvania, who became totally or partially
separated from employment on or after December 22, 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 22nd day of January, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
6