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TAW-73251  /  Amtex, Inc. (Manteca, CA)

Petitioner Type: State
Impact Date: 01/12/2009
Filed Date: 01/13/2010
Most Recent Update: 03/16/2010
Determination Date: 03/16/2010
Expiration Date: 03/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,251

AMTEX INCORPORATED
A SUBSIDIARY OF HAYASHI TELEPU COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
AVAILABILITY PERSONNEL SERVICES,
CONERSTONE STAFFING SOLUTIONS,
PRIORITY BUSINESS SERVICES AND VOLT, INC.
MANTECA, CALIFORNIA

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 March 16, 2010. The notice will be
published in the Federal Register soon.
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 interior
automotive carpet.
The company reports that workers leased from Volt, Inc.
were employed on-site at the Manteca, California location of
Amtex, Inc., a subsidiary of Hayashi Telepu Company. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Volt, Inc.
working on-site at the Manteca, California location of Amtex,
Inc., a subsidiary of Hayashi Telepu Company.
The amended notice applicable to TA-W-73,251 is hereby
issued as follows:
“All workers of Amtex, Inc., a subsidiary of Hayashi
Telepu Company, including on-site leased workers of
Availability Personnel Services, Cornerstone Staffing
Solutions, Priority Business Services and Volt, Inc,
Manteca, California, who became totally or partially
separated from employment on or after January 12, 2009
through March 16, 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 in Washington, D.C., this 8th day of April, 2010


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,251

AMTEX INCORPORATED
A SUBSIDIARY OF HAYASHI TELEPU COMPANY
INCLUDING ON-SITE LEASED WORKERS OF
AVAILABILITY PERSONNEL SERVICES
CONERSTONE STAFFING SOLUTIONS
PRIORITY BUSINESS SERVICES
MANTECA, CALIFORNIA

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 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 January 13, 2010 by the California Employment
Development Department on behalf of workers of Amtex, Inc., a
subsidiary of Hayashi Telepu Company, Inc., Manteca,
California. The investigation revealed that the worker group
includes on-site leased workers of Availability Personnel
Services, Cornerstone Staffing Solutions and Priority Business
Services. Workers at the subject firm produce interior
automotive carpet. Workers are not separately identifiable by
product line.
The investigation revealed that workers of Amtex, Inc., a
subsidiary of Hayashi Telepu Company, including on-site leased
workers of Availability Personnel Services, Cornerstone Staffing
Solutions and Priority Business Services, Manteca, California
who are engaged in employment related to the production of
interior automotive carpet meet the criteria as suppliers for
secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers’ firm have become
totally or partially separated.
Criterion II has been satisfied because workers of Amtex,
Inc., a subsidiary of Hayashi Telepu Company, including on-
site leased workers of Availability Personnel Services,
Cornerstone Staffing Solutions and Priority Business Services,
Manteca, California produced and sold interior automotive
carpet to a TAA-certified worker group that directly
incorporated the aforementioned articles into automobiles.
This customer was issued a certification on the basis of a
shift in production of automobiles to a foreign country.
Criterion III has been met because the interior
automotive carpet produced by Amtex, Inc., for the TAA-
certified customer accounted for a significant portion of the
production and sales at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Amtex, Inc., a
subsidiary of Hayashi Telepu Company, including on-site leased
workers of Availability Personnel Services, Cornerstone Staffing
Solutions and Priority Business Services, Manteca, California
who are engaged in activities related to the production of
interior automotive carpet 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 Amtex, Inc., a subsidiary of Hayashi
Telepu Company, including on-site leased workers of
Availability Personnel Services, Cornerstone Staffing
Solutions and Priority Business Services, Manteca,
California, who became totally or partially separated from
employment on or after January 12, 2009 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 16th day of March, 2010


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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