Petitioner Type: State
Impact Date: 01/12/2009
Filed Date: 01/13/2010
Most Recent Update: 03/19/2010
Determination Date: 03/19/2010
Expiration Date: 03/19/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,252
ARVIN SANGO, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PLACEMENT PROS
MERCED, 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 State of California Employment
Development Department, on behalf of workers of Arvin Sango,
Inc., Merced, California (Arvin Sango). Workers at the subject
firm produce automotive component parts (exhaust systems and
instrument panels). The worker group includes on-site leased
workers from Placement Pros.
The investigation revealed that workers of Arvin Sango, who
are engaged in employment related to the production of
automotive component parts, meet the criteria as suppliers for
secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers at Arvin Sango have become totally
or partially separated or threatened with such separation,
during the relevant period.
Criterion II has been met because Arvin Sango, produced
and sold automotive component parts to be incorporated into
automobiles by a firm that employed a worker group who are
eligible to apply for Trade Adjustment Assistance under a
certification issued on the basis of a shift in production of
automobiles to a foreign country.
Criterion III has been met because the automotive
component parts produced by Arvin Sango, for the afore-
mentioned firm 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 Arvin Sango, Inc.,
including on-site leased workers from Placement Pros, Merced,
California, who are engaged in employment related to the
production of automotive component parts, 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 Arvin Sango, Inc., including on-site
leased workers from Placement Pros, Merced, 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 19th day of March, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,252
ARVIN SANGO, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PLACEMENT PROS
MERCED, 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 State of California Employment
Development Department, on behalf of workers of Arvin Sango,
Inc., Merced, California (Arvin Sango). Workers at the subject
firm produce automotive component parts (exhaust systems and
instrument panels). The worker group includes on-site leased
workers from Placement Pros.
The investigation revealed that workers of Arvin Sango, who
are engaged in employment related to the production of
automotive component parts, meet the criteria as suppliers for
secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers at Arvin Sango have become totally
or partially separated or threatened with such separation,
during the relevant period.
Criterion II has been met because Arvin Sango, produced
and sold automotive component parts to be incorporated into
automobiles by a firm that employed a worker group who are
eligible to apply for Trade Adjustment Assistance under a
certification issued on the basis of a shift in production of
automobiles to a foreign country.
Criterion III has been met because the automotive
component parts produced by Arvin Sango, for the afore-
mentioned firm 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 Arvin Sango, Inc.,
including on-site leased workers from Placement Pros, Merced,
California, who are engaged in employment related to the
production of automotive component parts, 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 Arvin Sango, Inc., including on-site
leased workers from Placement Pros, Merced, 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 19th day of March, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance