Certified
« back to search results

TAW-73516  /  Nifco America Corporation (La Vergne, TN)

Petitioner Type: Company
Impact Date: 02/17/2009
Filed Date: 02/19/2010
Most Recent Update: 05/18/2010
Determination Date: 05/18/2010
Expiration Date: 05/18/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,516

NIFCO AMERICA CORPORATION
LAVERGNE MANUFACTURING PLANT
LAVERGNE, TENNESSEE

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 February 19, 2010 by a company official on behalf of
workers of Nifco America Corporation, LaVergne Manufacturing
Plant, LaVergne, Tennessee (Nifco). The workers are engaged in
activities related to the production of plastic fasteners and
assemblies.
The investigation revealed that workers of Nifco who are
engaged in activities related to the production of plastic
fasteners and assemblies meet the criteria for 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 there has been a
shift in plant production of plastic fasteners and assemblies to
a foreign country articles or supply of services like or
directly competitive with those produced/supplied by the
workers' firm.
Criterion III has been met because the shift of
production of plastic fasteners and assemblies to Mexico by
Nifco contributed importantly to worker group separations at
Nifco.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nifco America
Corporation, LaVergne Manufacturing Plant, LaVergne,
Tennessee, who are engaged in activities related to the
production of plastic fasteners and assemblies 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 Nifco America Corporation, LaVergne
Manufacturing Plant, LaVergne, Tennessee, who became
totally or partially separated from employment on or after
February 17, 2009, 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 18th day of May, 2010.

/s/ Elliott S. Kushner

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