Petitioner Type: State
Impact Date: 02/22/2009
Filed Date: 02/23/2010
Most Recent Update: 05/03/2010
Determination Date: 05/03/2010
Expiration Date: 05/03/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,545
TG CALIFORNIA AUTOMOTIVE SEALING INC.
A SUBSIDIARY OF TOYODA GOSEI CO., LTD
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK PROFESSIONAL SERVICES
HAYWARD, 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 services used
in the production of 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 February 23, 2010 by the State Workforce Office on
behalf of workers of TG California Automotive Sealing, a
subsidiary of Toyoda Gosei Co., LTD, Hayward, California (TG
California Hayward). The workers produce body sealing products
for automobiles. The worker group includes on-site leased
workers from Aerotek Professional Services.
The petitioner/State Workforce Office and company
official allege that a Trade Adjustment Assistance certified
customer contributed importantly to the separations and
closure of the subject facility.
The investigation revealed that workers of TG California
Hayward who are engaged in employment related to body sealing
products for automobiles meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers in the workers' firm have become totally or
partially separated during the relevant period.
Criterion II has been met because workers of TG
California Hayward produced and sold body sealing products for
automobiles to a firm that employed a worker group who is
covered by an active certification to be incorporated into
automobiles (Toyota Corolla, Toyota Tacoma and Pontiac Vibe).
Criterion III has been met because the body sealing
products for automobiles produced by TG California Hayward for
a firm that employed a worker group covered by an active
certification accounted for at least 20 percent of the
production or sales of TG California Hayward.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TG California
Automotive Sealing, a subsidiary of Toyoda Gosei Co., LTD,
including on-site leased workers from Aerotek Professional
Services, Hayward, California, who are engaged in employment
related to body sealing products for automobiles 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 TG California Automotive Sealing, a
subsidiary of Toyoda Gosei Co., LTD, including on-site
leased workers from Aerotek Professional Services,
Hayward, California, who became totally or partially
separated from employment on or after February 22, 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 3rd day of May, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,545
TG CALIFORNIA AUTOMOTIVE SEALING INC.
A SUBSIDIARY OF TOYODA GOSEI CO., LTD
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK PROFESSIONAL SERVICES
HAYWARD, 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 services used
in the production of 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 February 23, 2010 by the State Workforce Office on
behalf of workers of TG California Automotive Sealing, a
subsidiary of Toyoda Gosei Co., LTD, Hayward, California (TG
California Hayward). The workers produce body sealing products
for automobiles. The worker group includes on-site leased
workers from Aerotek Professional Services.
The petitioner/State Workforce Office and company
official allege that a Trade Adjustment Assistance certified
customer contributed importantly to the separations and
closure of the subject facility.
The investigation revealed that workers of TG California
Hayward who are engaged in employment related to body sealing
products for automobiles meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers in the workers' firm have become totally or
partially separated during the relevant period.
Criterion II has been met because workers of TG
California Hayward produced and sold body sealing products for
automobiles to a firm that employed a worker group who is
covered by an active certification to be incorporated into
automobiles (Toyota Corolla, Toyota Tacoma and Pontiac Vibe).
Criterion III has been met because the body sealing
products for automobiles produced by TG California Hayward for
a firm that employed a worker group covered by an active
certification accounted for at least 20 percent of the
production or sales of TG California Hayward.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TG California
Automotive Sealing, a subsidiary of Toyoda Gosei Co., LTD,
including on-site leased workers from Aerotek Professional
Services, Hayward, California, who are engaged in employment
related to body sealing products for automobiles 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 TG California Automotive Sealing, a
subsidiary of Toyoda Gosei Co., LTD, including on-site
leased workers from Aerotek Professional Services,
Hayward, California, who became totally or partially
separated from employment on or after February 22, 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 3rd day of May, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance