Certified
« back to search results

TAW-74306  /  HAVI Logistics, North America (Livonia, MI)

Petitioner Type: Workers
Impact Date: 06/25/2009
Filed Date: 06/28/2010
Most Recent Update: 07/30/2010
Determination Date: 07/30/2010
Expiration Date: 07/30/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,306

HAVI LOGISTICS, NORTH AMERICA
A SUBSIDIARY OF HAVI GROUP, LP
LIVONIA, MICHIGAN

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 June 28, 2010 on behalf of workers of HAVI Logistics,
North America, a subsidiary of HAVI Group, Lp, Livonia,
Michigan (HAVI Livonia). The workers are engaged in activities
related to food distribution services. The workers are not
separately identifiable by services.
The investigation revealed that workers of HAVI Livonia who
are engaged in employment related to food distribution
services meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in food distribution services by HAVI Livonia to Japan and
Russia.
Criterion III has been met the shift in food distribution
services by HAVI Livonia to Japan and Russia contributed
importantly to worker group separations at HAVI Livonia.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HAVI Logistics, North
America, a subsidiary of HAVI Group, Lp, Livonia, Michigan,
who are engaged in employment related to food distribution
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 HAVI Logistics, North America, a
subsidiary of HAVI Group, Lp, Livonia, Michigan, who
became totally or partially separated from employment on or
after June 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 30th day of July, 2010.

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance