Certified
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TAW-73574  /  Kohler Company (Kohler, WI)

Petitioner Type: Union
Impact Date: 02/13/2010
Filed Date: 02/26/2010
Most Recent Update: 10/28/2010
Determination Date: 10/28/2010
Expiration Date: 10/28/2012

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,574

KOHLER COMPANY
GENERATOR DIVISION, BRASS DIVISION, ENGINE DIVISION, AND
POTTERY DIVISION
INCLUDING LEASED ON-SITE WORKERS OF MANPOWER
KOHLER, WISCONSIN

TA-W-73,574A

SAUK TECHNOLOGIES
GENERATOR DIVISION
SAUKVILLE, WISCONSIN

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or are
threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or threat
of separation and to the decline in the sales or production of
such firm.

The investigation was initiated in response to a petition
filed on February 26, 2010 by the United Auto Workers Local 833 on
behalf of workers of Kohler Company, Generator Division, Brass
Division, Engine Division, and Pottery Division, Kohler, Wisconsin
(TA-W-73,574) and Sauk Technologies, Generator Division, Saukville,
Wisconsin (TA-W-73,574A). The workers covered by TA-W-73,574
produce kitchen/bath fixtures, generators, and small engines, and
are not separately identifiable by product. The worker group
covered by TA-W-73,574 includes on-site leased workers from
Manpower. The workers covered by TA-W-73,574A produce the housings
for the generators produced by workers covered by TA-W-73,574. The
worker group covered by TA-W-73,574A does not include on-site
leased workers.
Workers of Kohler Company, Kohler, Wisconsin were eligible to
apply for Trade Adjustment Assistance and Alternative Trade
Adjustment Assistance under TA-W-62,309 (certification issued on
February 12, 2008).
The investigation revealed that the worker groups covered by
TA-W-73,574 and TA-W-73,574A meet the criteria for certification.
Section 222(a)(1) has been met because a significant
proportion or number of the worker groups covered by TA-W-73,574
and TA-W-73,574A has been totally or partially separated, or
threatened by such separation.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production at the Kohler, Wisconsin and Saukville,
Wisconsin facilities have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with those produced by the
subject firm have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased U.S. aggregate imports of articles like or directly
competitive with those produced by the subject firm contributed
importantly to the worker group separations and sales and/or
production declines at the Kohler, Wisconsin and Saukville,
Wisconsin facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers and former workers of
Kohler Company, Generator Division, Brass Division, Engine
Division, and Pottery Division, including on-site leased workers
from Manpower, Kohler, Wisconsin (TA-W-73,574), and workers of Sauk
Technologies, Generator Division, Saukville, Wisconsin (TA-W-
73,574A), 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 Kohler Company, Generator Division, Brass
Division, Engine Division, and Pottery Division, including on-
site leased workers from Manpower, Kohler, Wisconsin, who
became totally or partially separated from employment on or
after February 13, 2010, 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;" and
"All workers of Sauk Technologies, Generator Division,
Saukville, Wisconsin, who became totally or partially
separated from employment on or after February 24, 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 28th day of October, 2010

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance