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TAW-73189  /  Lear Corporation (El Paso, TX)

Petitioner Type: Workers
Impact Date: 12/18/2008
Filed Date: 12/30/2009
Most Recent Update: 04/22/2010
Determination Date: 04/22/2010
Expiration Date: 04/22/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,189

LEAR CORPORATION
LOMA VERDE EL PASO DISTRIBUTION CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER AND KELLY TEMPORARIES
EL PASO, TEXAS

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 30, 2009 on behalf of workers of Lear
Corporation, Loma Verde El Paso Distribution Center, El Paso,
Texas (Lear Corporation). The workers are engaged in activities
related to warehousing services (i.e.: shipping and receiving,
scanning and storing) of automotive seats, harnesses, arm rests
and head rests. The workers are not separately identifiable. The
worker group includes on-site leased workers from Manpower and
Kelly Temporaries.
The investigation revealed that workers of Lear
Corporation, Loma Verde El Paso Distribution Center, including
on-site leased workers from Manpower and Kelly Temporaries, El
Paso, Texas who are engaged in activities related to
warehousing services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers at the workers' firm have become totally or
partially separated.
Criterion II has been satisfied because the workers firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of
warehousing services of automotive seats, harnesses, arm rests
and head rests to Mexico by Lear Corporation contributed
importantly to worker group separations at Lear Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lear Corporation,
Loma Verde El Paso Distribution Center, including on-site
leased workers from Manpower and Kelly Temporaries, El Paso,
Texas, who are engaged in activities related to warehousing
services of automotive seats, harnesses, arm rests and head
rests 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 Lear Corporation, Loma Verde El Paso
Distribution Center, including on-site leased workers
from Manpower and Kelly Temporaries, El Paso, Texas, who
became totally or partially separated from employment on or
after December 18, 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 April 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance