Petitioner Type: State
Impact Date: 01/19/2009
Filed Date: 01/21/2010
Most Recent Update: 05/04/2010
Determination Date: 05/04/2010
Expiration Date: 05/04/2012
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,324
TOYOTA TSUSHO AMERICA, INC.
WORKING ON-SITE AT
NEW UNITED MOTOR MANUFACTURING, INC.
FREMONT, CALIFORNIA
TA-W-73,324A
TOYOTA TSUSHO AMERICA, INC.
FREMONT CALIFORNIA OPERATIONS
41460 AND 41320 BOYCE ROAD
INCLUDING ON-SITE LEASED WORKERS FROM BENCHMARK, PERFORMANCE
STAFFING AND JOSEPHINES PERSONNEL SERVICES
FREMONT, 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(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. (Set forth in 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 January 21, 2010 by a State Workforce Official on
behalf of two worker groups: Toyota Tsusho America, Inc.,
working on-site at New United Motor Manufacturing Inc., Fremont,
California (TA-W-73,324) and workers of Toyota Tsusho America,
Inc., Fremont California Operations, 41460 and 41320 Boyce
Road, Fremont, California (TA-W-73,324A) (Toyota Tsusho
America, Inc.). The workers at both 41460 Boyce Road and 41320
Boyce Road work off-site from the New United Motor Manufacturing
Inc., facility. The workers are separately identifiable by on-
site and off-site locations.
TA-W-73,324
The workers of Toyota Tsusho America, Inc., working on-site
at New United Motor Manufacturing Inc., Fremont, California (TA-
W-73,324) were engaged in activities related to the supply of
recycling material services. Specifically, the workers provided
recycling services in support of production of the Pontiac Vibe,
the Toyota Corolla and the Toyota Tacoma.
The workers of Toyota Tsusho America, Inc., working on-site
at New United Motor Manufacturing Inc., Fremont, California (TA-
W-73,324) meet the criteria under Section 222(a) of the Act,
U.S.C. § 2272(a).
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 the workers of New
United Motor Manufacturing Inc., Fremont, California are under
an existing certification (TA-W-72,748) based on a shift in
production of the Toyota Corolla to Canada and Japan. The
workers of Toyota Tsusho America, Inc. were engaged in support
of production on-site at New United Motor Manufacturing Inc.,
Fremont, California (TA-W-73,324).
Criterion III has been met because the shift in production
of the Toyota Corolla by New United Motor Manufacturing Inc.,
Fremont, California to Canada and Japan contributed importantly
to Toyota Tsusho America, Inc., worker group separations on-
site at New United Motor Manufacturing Inc., Fremont, California
(TA-W-73,324).
TA-W-73,324A
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 workers of Toyota Tsusho America, Inc., Fremont
California Operations, 41460 and 41320 Boyce Road, Fremont,
California (TA-W-73,324A) are engaged in activities related to
the sub-assembly of windshield wipers, windshield glasses and
side windows. The worker group includes on-site leased workers
from Benchmark, Performance Staffing and Josephines Personnel
Services.
The investigation revealed that workers of Toyota Tsusho
America, Inc., Fremont California Operations, 41460 and 41320
Boyce Road, including on-site leased workers from Benchmark,
Performance Staffing and Josephines Personnel Services, Fremont,
California (TA-W-73,324A) who are engaged in employment
related to the sub-assembly of windshield wipers, windshield
glasses and side windows 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 Toyota
Tsusho America, Inc. (TA-W-73,324A) produced and sold
automotive windshield wipers, windshield glasses and side
windows to a firm that employed a worker group who is covered
by an active certification to be incorporated into the Toyota
Corolla.
Criterion III has been met because the loss of business
by Toyota Tsusho America, Inc. (TA-W-73,324A) with the TAA-
certified firm, with respect to automotive windshield wipers,
windshield glasses and side windows sold to the TAA-certified
firm, contributed importantly to worker separations at Toyota
Tsusho America, Inc. (TA-W-73,324A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyota Tsusho
America, Inc., working on-site at New United Motor Manufacturing
Inc., Fremont, California (TA-W-73,324), who are engaged in
activities related to the supply of recycling services, and the
workers of Toyota Tsusho America, Inc., Fremont California
Operations, 41460 and 41320 Boyce Road, including on-site
leased workers from Benchmark, Performance Staffing and
Josephines Personnel Services, Fremont, California (TA-W-
73,324A) who are engaged in activities related to the sub-
assembly of automotive windshield wipers, windshield glasses
and side windows 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 Toyota Tsusho America, Inc., working on-
site at New United Motor Manufacturing Inc., Fremont,
California (TA-W-73,324), and Toyota Tsusho America, Inc.,
Fremont California Operations, 41460 and 41320 Boyce
Road, including on-site leased workers from Benchmark,
Performance Staffing and Josephines Personnel Services,
Fremont, California (TA-W-73,324A), who became totally or
partially separated from employment on or after January 19,
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 4th day of May 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,324
TOYOTA TSUSHO AMERICA, INC.
WORKING ON-SITE AT
NEW UNITED MOTOR MANUFACTURING, INC.
FREMONT, CALIFORNIA
TA-W-73,324A
TOYOTA TSUSHO AMERICA, INC.
FREMONT CALIFORNIA OPERATIONS
41460 AND 41320 BOYCE ROAD
INCLUDING ON-SITE LEASED WORKERS FROM BENCHMARK, PERFORMANCE
STAFFING AND JOSEPHINES PERSONNEL SERVICES
FREMONT, 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(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. (Set forth in 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 January 21, 2010 by a State Workforce Official on
behalf of two worker groups: Toyota Tsusho America, Inc.,
working on-site at New United Motor Manufacturing Inc., Fremont,
California (TA-W-73,324) and workers of Toyota Tsusho America,
Inc., Fremont California Operations, 41460 and 41320 Boyce
Road, Fremont, California (TA-W-73,324A) (Toyota Tsusho
America, Inc.). The workers at both 41460 Boyce Road and 41320
Boyce Road work off-site from the New United Motor Manufacturing
Inc., facility. The workers are separately identifiable by on-
site and off-site locations.
TA-W-73,324
The workers of Toyota Tsusho America, Inc., working on-site
at New United Motor Manufacturing Inc., Fremont, California (TA-
W-73,324) were engaged in activities related to the supply of
recycling material services. Specifically, the workers provided
recycling services in support of production of the Pontiac Vibe,
the Toyota Corolla and the Toyota Tacoma.
The workers of Toyota Tsusho America, Inc., working on-site
at New United Motor Manufacturing Inc., Fremont, California (TA-
W-73,324) meet the criteria under Section 222(a) of the Act,
U.S.C. § 2272(a).
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 the workers of New
United Motor Manufacturing Inc., Fremont, California are under
an existing certification (TA-W-72,748) based on a shift in
production of the Toyota Corolla to Canada and Japan. The
workers of Toyota Tsusho America, Inc. were engaged in support
of production on-site at New United Motor Manufacturing Inc.,
Fremont, California (TA-W-73,324).
Criterion III has been met because the shift in production
of the Toyota Corolla by New United Motor Manufacturing Inc.,
Fremont, California to Canada and Japan contributed importantly
to Toyota Tsusho America, Inc., worker group separations on-
site at New United Motor Manufacturing Inc., Fremont, California
(TA-W-73,324).
TA-W-73,324A
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 workers of Toyota Tsusho America, Inc., Fremont
California Operations, 41460 and 41320 Boyce Road, Fremont,
California (TA-W-73,324A) are engaged in activities related to
the sub-assembly of windshield wipers, windshield glasses and
side windows. The worker group includes on-site leased workers
from Benchmark, Performance Staffing and Josephines Personnel
Services.
The investigation revealed that workers of Toyota Tsusho
America, Inc., Fremont California Operations, 41460 and 41320
Boyce Road, including on-site leased workers from Benchmark,
Performance Staffing and Josephines Personnel Services, Fremont,
California (TA-W-73,324A) who are engaged in employment
related to the sub-assembly of windshield wipers, windshield
glasses and side windows 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 Toyota
Tsusho America, Inc. (TA-W-73,324A) produced and sold
automotive windshield wipers, windshield glasses and side
windows to a firm that employed a worker group who is covered
by an active certification to be incorporated into the Toyota
Corolla.
Criterion III has been met because the loss of business
by Toyota Tsusho America, Inc. (TA-W-73,324A) with the TAA-
certified firm, with respect to automotive windshield wipers,
windshield glasses and side windows sold to the TAA-certified
firm, contributed importantly to worker separations at Toyota
Tsusho America, Inc. (TA-W-73,324A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyota Tsusho
America, Inc., working on-site at New United Motor Manufacturing
Inc., Fremont, California (TA-W-73,324), who are engaged in
activities related to the supply of recycling services, and the
workers of Toyota Tsusho America, Inc., Fremont California
Operations, 41460 and 41320 Boyce Road, including on-site
leased workers from Benchmark, Performance Staffing and
Josephines Personnel Services, Fremont, California (TA-W-
73,324A) who are engaged in activities related to the sub-
assembly of automotive windshield wipers, windshield glasses
and side windows 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 Toyota Tsusho America, Inc., working on-
site at New United Motor Manufacturing Inc., Fremont,
California (TA-W-73,324), and Toyota Tsusho America, Inc.,
Fremont California Operations, 41460 and 41320 Boyce
Road, including on-site leased workers from Benchmark,
Performance Staffing and Josephines Personnel Services,
Fremont, California (TA-W-73,324A), who became totally or
partially separated from employment on or after January 19,
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 4th day of May 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance