Petitioner Type: Company
Impact Date: 03/22/2009
Filed Date: 03/24/2010
Most Recent Update: 05/20/2010
Determination Date: 05/20/2010
Expiration Date: 05/20/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,780
TOYOTA TSUSHO AMERICA, INC.
LOGISTICS AND MANUFACTURING SUPPORT
LOGISTICS
INCLUDING ON-SITE LEASED WORKERS FROM
PROLOGISTIX
MEMPHIS, 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 March 24, 2010 by a company official on behalf of
workers of Toyota Tsusho America, Inc., Logistics and
Manufacturing Support, Logistics, Memphis, Tennessee (Toyota).
Toyota is affiliated with General Motors in a joint venture that
was certified under New United Motor Manufacturing, Inc.,
Fremont, California (TA-W-72,784). That certification was based
on a shift in production to Japan and Canada. The Toyota
workers are engaged in activities related to cross docking,
sequencing and warehousing services in support of the New
United Motor Manufacturing, Inc., Fremont, California. The
workers are not separately identifiable. The group includes
on-site leased workers from Prologistix.
The investigation revealed that workers of Toyota who are
engaged in activities related to cross docking, sequencing and
warehouse services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the firm have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift in production by New United Motor Manufacturing, Inc.,
Fremont, California (Joint Venture) to a foreign country.
Criterion III has been met because the shift in
production by New United Motor Manufacturing, Inc., Fremont,
California to Japan and Canada contributed importantly to
worker group separations at Toyota.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyota Tsusho
America, Inc., Logistics and Manufacturing Support, Logistics,
including on-site leased workers from Prologistix, Memphis,
Tennessee, who are engaged in activities related to cross dock,
sequencing and warehouse services 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., Logistics and
Manufacturing Support, Logistics, Memphis, Tennessee, who
became totally or partially separated from employment on or
after March 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 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 20th day of May, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,780
TOYOTA TSUSHO AMERICA, INC.
LOGISTICS AND MANUFACTURING SUPPORT
LOGISTICS
INCLUDING ON-SITE LEASED WORKERS FROM
PROLOGISTIX
MEMPHIS, 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 March 24, 2010 by a company official on behalf of
workers of Toyota Tsusho America, Inc., Logistics and
Manufacturing Support, Logistics, Memphis, Tennessee (Toyota).
Toyota is affiliated with General Motors in a joint venture that
was certified under New United Motor Manufacturing, Inc.,
Fremont, California (TA-W-72,784). That certification was based
on a shift in production to Japan and Canada. The Toyota
workers are engaged in activities related to cross docking,
sequencing and warehousing services in support of the New
United Motor Manufacturing, Inc., Fremont, California. The
workers are not separately identifiable. The group includes
on-site leased workers from Prologistix.
The investigation revealed that workers of Toyota who are
engaged in activities related to cross docking, sequencing and
warehouse services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the firm have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift in production by New United Motor Manufacturing, Inc.,
Fremont, California (Joint Venture) to a foreign country.
Criterion III has been met because the shift in
production by New United Motor Manufacturing, Inc., Fremont,
California to Japan and Canada contributed importantly to
worker group separations at Toyota.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toyota Tsusho
America, Inc., Logistics and Manufacturing Support, Logistics,
including on-site leased workers from Prologistix, Memphis,
Tennessee, who are engaged in activities related to cross dock,
sequencing and warehouse services 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., Logistics and
Manufacturing Support, Logistics, Memphis, Tennessee, who
became totally or partially separated from employment on or
after March 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 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 20th day of May, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance