Petitioner Type: State
Impact Date: 01/12/2009
Filed Date: 01/13/2010
Most Recent Update: 05/19/2010
Determination Date: 05/19/2010
Expiration Date: 05/19/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,254
KS AUTOMOTIVE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SNELLING PERSONNEL SERVICES
SAN LEANDRO, 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 a state agency representative on
behalf of workers of KS Automotive, Inc., San Leandro,
California. The workers produce injection molded plastic parts
used in the production of automotive vehicles. The worker
group includes on-site leased workers from Snelling Personnel
Services.
The investigation revealed that workers of KS Automotive,
Inc. who are engaged in employment related to production of
injection molded plastic parts meet the criteria as Suppliers
for secondary worker certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because KS Automotive,
Inc. produced and sold injection molded plastic parts to New
United Motor Manufacturing, Inc., Fremont, California to be
incorporated into automobiles. Workers of New United Motor
Manufacturing, Inc., Fremont, California are covered by
certification number TA-W-72,748 issued based on a shift in
production on November 19, 2009.
Criterion III has been met because the loss business with
New United Motor Manufacturing, Inc., with regard to injection
molded plastic parts, contributed importantly to the
sales/production declines and worker group separations at KS
Automotive, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of KS Automotive, Inc.,
San Leandro, California, who are engaged in employment related
to production of injection molded plastic parts 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 KS Automotive, Inc., including on-site
leased workers from Snelling Personnel Services, San
Leandro, 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 May, 2010
/s/ Michael W. Jaffe
_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,254
KS AUTOMOTIVE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SNELLING PERSONNEL SERVICES
SAN LEANDRO, 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 a state agency representative on
behalf of workers of KS Automotive, Inc., San Leandro,
California. The workers produce injection molded plastic parts
used in the production of automotive vehicles. The worker
group includes on-site leased workers from Snelling Personnel
Services.
The investigation revealed that workers of KS Automotive,
Inc. who are engaged in employment related to production of
injection molded plastic parts meet the criteria as Suppliers
for secondary worker certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because KS Automotive,
Inc. produced and sold injection molded plastic parts to New
United Motor Manufacturing, Inc., Fremont, California to be
incorporated into automobiles. Workers of New United Motor
Manufacturing, Inc., Fremont, California are covered by
certification number TA-W-72,748 issued based on a shift in
production on November 19, 2009.
Criterion III has been met because the loss business with
New United Motor Manufacturing, Inc., with regard to injection
molded plastic parts, contributed importantly to the
sales/production declines and worker group separations at KS
Automotive, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of KS Automotive, Inc.,
San Leandro, California, who are engaged in employment related
to production of injection molded plastic parts 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 KS Automotive, Inc., including on-site
leased workers from Snelling Personnel Services, San
Leandro, 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 May, 2010
/s/ Michael W. Jaffe
_____________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance