Certified
« back to search results

TAW-74148  /  PBR Knoxville, LLC (Knoxville, TN)

Petitioner Type: Company
Impact Date: 05/21/2009
Filed Date: 05/25/2010
Most Recent Update: 06/22/2010
Determination Date: 06/22/2010
Expiration Date: 06/22/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,148

PBR KNOXVILLE, LLC
AF DIVISION
INCLUDING ON-SITE LEASED WORKERS OF TSI, KENNAMETAL, HAGEMEYER,
DUBOIS CHEMICALS, CHIRON AMERICA, GCA SERVICES GROUP AND
SAMPSON'S GROUP
KNOXVILLE, 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 May 25, 2010 by a company official on behalf of
workers of PBR Knoxville, LLC, AF Division, Knoxville,
Tennessee. The workers produce automotive brake calipers. The
worker group also includes on-site leased workers of TSI,
Kennametal, Hagemeyer, DuBois Chemicals, Chiron America, GCA
Services Group and Sampson's Group.
The investigation revealed that workers of PBR Knoxville,
LLC, AF Division, Knoxville, Tennessee, who are engaged in
employment related to the production of automotive brake
calipers, meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers have become separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with the articles produced by the workers' firm.
Criterion III has been met because the acquisition of
automotive brake calipers by PBR Knoxville, LLC, AF Division
from China and Poland contributed importantly to worker
separations at the Knoxville, Tennessee facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of PBR Knoxville, LLC,
AF Division, Knoxville, Tennessee 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 PBR Knoxville, LLC, AF Division, including
on-site leased workers of TSI, Kennametal, Hagemeyer,
DuBois Chemicals, Chiron America, GCA Services Group and
Sampson's Group, Knoxville, Tennessee, who became totally
or partially separated from employment on or after May 21,
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 22nd day of June, 2010.

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