Certified
« back to search results

TAW-73591A  /  Chrysler Group, LLC (Fenton, MO)

Petitioner Type: Union
Impact Date: 02/25/2009
Filed Date: 03/02/2010
Most Recent Update: 06/02/2010
Determination Date: 06/02/2010
Expiration Date: 06/02/2012

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,591A

CHRYLSER GROUP, LLC
MANUFACTURING DIVISION
ST. LOUIS NORTH PLANT
INCLUDING ON-SITE LEASED WORKERS FROM
AMERICAN FOOD, G4S WACKENHUT, C R ASSOCIATES,
SYNCREON, ROBINSON SOLUTIONS AND
DUPONT PERFORMANCE COATINGS
FENTON, MISSOURI

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on June 2, 2010, applicable to workers of Chrysler
Group, LLC, Manufacturing Division, St. Louis North Plant,
including on-site leased workers from American Food, G4S
Wackenhut, C R Associates, Syncreon and Robinson Solutions,
Fenton, Missouri. The notice was published in the Federal
Register on June 16, 2010 (75 FR 34177).
At the request of petitioners, the Department reviewed the
certification for workers of the subject firm. The workers
develop and produce performance coating solutions for vehicles.
The company reports that workers leased from DuPont
Performance Coatings, a wholly-owned subsidiary of E.I. DuPont de
Nemours Company, OEM, were employed on-site at the Fenton,
Missouri location of Chrysler Group, LLC, Manufacturing Division,
St. Louis North Plant. The Department has determined that these
workers were sufficiently under the control of the subject firm
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from DuPont Performance
Coatings, a wholly-owned subsidiary of E.I. DuPont de Nemours
Company, OEM, working on-site at the Fenton, Missouri location of
Chrysler Group, LLC, Manufacturing Division, St. Louis North
Plant.


The amended notice applicable to TA-W-73,591A is hereby
issued as follows:
"All workers of Chrysler Group, LLC, Manufacturing
Division, St. Louis Plant North, including on-site
leased workers from American Food, G4S Wackenhut, C R
Associates, Syncreon, Robinson Solutions, and DuPont
Performance Coatings, a wholly owned subsidiary of E.I.
DuPont de Nemours Company, OEM, Fenton, Missouri, who
became totally or partially separated from employment
on or after February 25, 2009, through June 2, 2012,
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 at Washington, D.C. this 9th day of August 2010

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,591A

CHRYSLER GROUP, LLC
MANUFACTURING DIVISION
ST. LOUIS NORTH PLANT
INCLUDING ON-SITE LEASED WORKERS OF AMERICAN FOOD, G4S
WACKENHUT, C R ASSOCIATES, SYNCREON AND ROBINSON SOLUTIONS
FENTON, MISSOURI

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 March 2, 2010 by the United Auto Workers, Local 110 on
behalf of workers of Chrysler Group, LLC, Manufacturing Division,
St. Louis Plant North, Fenton, Missouri. The workers were engaged
in the production of Dodge Ram Trucks. The worker group also
includes on-site leased workers from American Food, G4S Wackenhut,
C R Associates, Syncreon and Robinson Solutions.
The investigation revealed that workers of Chrysler Group,
LLC, Manufacturing Division, St. Louis Plant North, Fenton,
Missouri who were engaged in employment related to the production
of Dodge Ram Trucks, meet the criteria for certification.
Criterion I has been met because a significant proportion of
the workers have become separated at the St. Louis North Plant
location during the relevant period.
Criterion II has been met because the workers’ firm has
shifted a substantial portion of production to a foreign country
of articles like or directly competitive with the articles
produced by the workers’ firm at the St. Louis North facility.
Criterion III has been met because the shift in production
to Mexico by Chrysler Group LLC contributed importantly to worker
separations at the St. Louis North facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Chrysler Group, LLC,
Manufacturing Division, St. Louis Plant North, including on-site
leased workers of American Food, G4S Wackenhut, C R Associates,
Syncreon and Robinson Solutions, Fenton, Missouri 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 Chrysler Group, LLC, Manufacturing Division,
St. Louis Plant North, including on-site leased workers of
American Food, G4S Wackenhut, C R Associates, Syncreon and
Robinson Solutions, Fenton, Missouri who became totally or
partially separated from employment on or after February 25,
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 2nd day of June, 2010

/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


Corrected: July 13, 2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,591

CHRYSLER GROUP, LLC
MANUFACTURING DIVISION
ST. LOUIS SOUTH PLANT
FENTON, MISSOURI

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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 in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(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 increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer”. For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) 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;

(2) 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

(3) 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on March 2, 2010 by the United Auto Workers, Local 110 on
behalf of workers of Chrysler Group, LLC, Manufacturing Division,
St. Louis Plant South, Fenton, Missouri. The workers are engaged
in employment related to the supply of technical decommissioning
and administrative services related to the permanent cessation of
production at the St. Louis South Plant in 2008.
The petitioners allege that worker separations are the result
of a continued increase in foreign competition in the domestic
automotive market. The investigation included a review of company
data, phone conversations with the petitioners, and email
correspondence.
With respect to Section 222(a) of the Act, the investigation
revealed that criterion II has not been met because the workers’
firm did not shift abroad the services supplied by the workers nor
did it acquire these services from a firm abroad. The investigation
revealed that the services supplied by the workers are not sold to
external entities. In addition, the workers did not engage in
production or supply services to customers of the subject firm
during the period under investigation.
With respect to Section 222(c) of the Act, the investigation
revealed that criterion (2) has not been met because the workers
did not produce an article or supply a service that was used by a
firm with TAA-certified workers in the production of an article or
supply of a service that was the basis for TAA-certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the subject firm has not been identified in an affirmative
finding of injury by the International Trade Commission.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Chrysler Group, LLC,
Manufacturing Division, St. Louis Plant South, Fenton, Missouri,
who are engaged in employment related to the supply of technical
decommissioning and administrative services, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 2nd day of June, 2010



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





























- 14 -