Certified
« back to search results

TAW-73782  /  Metalsa Structural Products, Inc. (Stockton, CA)

Petitioner Type: Company
Impact Date: 03/22/2009
Filed Date: 03/24/2010
Most Recent Update: 06/08/2010
Determination Date: 06/08/2010
Expiration Date: 06/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,782

METALSA STRUCTURAL PRODUCTS, INC.
A SUBSIDIARY OF METALSA S.A. DE C.V.
FORMERLY OWNED BY DANA CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF
ADECCO EMPLOYMENT SERVICES, KELLY EMPLOYMENT SERVICES
AEROTEK STAFFING AGENCY AND
MANPOWER STAFFING
STOCKTON, 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 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 March 24, 2010 by a company official on behalf of
workers of Metalsa Structural Products, Inc., a subsidiary of
Metalsa S.A. de C.V., Inc., Stockton, California. The firm was
formerly owned by Dana Corporation. The investigation revealed
that the worker group includes on-site leased workers of Adecco
Employment Services, Manpower Staffing, Aerotek Staffing Agency
and Kelly Employment Services. Workers at the subject firm
produce truck frames and chassis. Workers are not separately
identifiable by product line.
The investigation revealed that workers of Metalsa
Structural Products, Inc., Stockton, California, who are
engaged in employment related to the production of truck
frames and chassis, meet the criteria as suppliers 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 met because Metalsa Structural
Products, Inc. is shifting the production of truck frames and
chassis to a foreign country.
Criterion III has been met because the shift of
production to Mexico contributed importantly to worker group
separations at the Stockton, California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Metalsa Structural
Products, Inc., a subsidiary of Metalsa S.A. de C.V.,
including on-site leased workers of Adecco Employment Services,
Manpower Staffing, Aerotek Staffing Agency and Kelly Employment
Services, Stockton, California, who are engaged in activities
related to the production of truck frames and chassis, 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 Metalsa Structural Products, Inc., a
subsidiary of Metalsa S.A. de C.V., formerly owned by Dana
Corporation, including on-site leased workers of Adecco
Employment Services, Manpower Staffing, Aerotek Staffing
Agency and Kelly Employment Services, Stockton, California,
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 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 8th day of June, 2010

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance