Petitioner Type: Company
Impact Date: 07/15/2009
Filed Date: 07/19/2010
Most Recent Update: 08/19/2010
Determination Date: 08/19/2010
Expiration Date: 08/19/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,390
HALDEX BRAKE CORPORATION
COMMERCIAL VEHICLE SYSTEMS
INCLUDING ON-SITE LEASED WORKERS OF JOHNSTON INTEGRATION
TECHNOLOGIES, A SUBSIDIARY OF JOHNSTON COMPANIES
IOLA, KANSAS
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 August 19, 2010, applicable to workers of Haldex
Brake Corporation, Commercial Vehicle Systems, Iola, Kansas. The
Department’s notice of determination was published in the Federal
Register on September 3, 2010 (75 FR 54186).
At the request of the state workforce agency, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of automotive brake system
components.
The company reports that workers leased from Johnston
Integration Technologies, a subsidiary of Johnston Companies were
employed on-site at the Iola, Kansas location of Haldex Brake
Corporation. 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 Johnston Integration
Technologies, a subsidiary of Johnston Companies working on-site
at the Iola, Kansas location of Haldex Brake Corporation.
The amended notice applicable to TA-W-74,390 is hereby
issued as follows:
"All workers of Haldex Brake Corporation, Commercial
Vehicle Systems, including on-site leased workers of
Johnston Integration Technologies, a subsidiary of
Johnston Companies, Iola, Kansas, who became totally or
partially separated from employment on or after July
15, 2009 through August 19, 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 in Washington, D.C. this 24th day of November, 2010.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,390
HALDEX BRAKE CORPORATION
COMMERCIAL VEHICLE SYSTEMS
IOLA, KANSAS
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 July 19, 2010 by a company official on behalf of workers
of Haldex Brake Corporation, Commercial Vehicle Systems, Iola,
Kansas (Haldex Brake Corporation). The workers are engaged in
activities related to the production of automotive brake system
components. The workers are not separately identifiable.
The investigation revealed that workers of Haldex Brake
Corporation, Commercial Vehicle Systems, Iola, Kansas who are
engaged in activities related to the production of automotive
brake system components meet the criteria for certification.
Criterion I has been met because a significant proportion of
the workers have become separated, or are threatened with
separation, during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of automotive brake system components by
Haldex Brake Corporation to Mexico.
Criterion III has been met because the shift of automotive
brake system components to Mexico by Haldex Brake Corporation
contributed importantly to worker separations at Haldex Brake
Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Haldex Brake
Corporation, Commercial Vehicle Systems, Iola, Kansas who are
engaged in activities related to the production of automotive
brake system components 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 Haldex Brake Corporation, Commercial Vehicle
Systems, Iola, Kansas who became totally or partially
separated from employment on or after July 15, 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 19th day of August, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-74,390
HALDEX BRAKE CORPORATION
COMMERCIAL VEHICLE SYSTEMS
INCLUDING ON-SITE LEASED WORKERS OF JOHNSTON INTEGRATION
TECHNOLOGIES, A SUBSIDIARY OF JOHNSTON COMPANIES
IOLA, KANSAS
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 August 19, 2010, applicable to workers of Haldex
Brake Corporation, Commercial Vehicle Systems, Iola, Kansas. The
Department’s notice of determination was published in the Federal
Register on September 3, 2010 (75 FR 54186).
At the request of the state workforce agency, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of automotive brake system
components.
The company reports that workers leased from Johnston
Integration Technologies, a subsidiary of Johnston Companies were
employed on-site at the Iola, Kansas location of Haldex Brake
Corporation. 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 Johnston Integration
Technologies, a subsidiary of Johnston Companies working on-site
at the Iola, Kansas location of Haldex Brake Corporation.
The amended notice applicable to TA-W-74,390 is hereby
issued as follows:
"All workers of Haldex Brake Corporation, Commercial
Vehicle Systems, including on-site leased workers of
Johnston Integration Technologies, a subsidiary of
Johnston Companies, Iola, Kansas, who became totally or
partially separated from employment on or after July
15, 2009 through August 19, 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 in Washington, D.C. this 24th day of November, 2010.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,390
HALDEX BRAKE CORPORATION
COMMERCIAL VEHICLE SYSTEMS
IOLA, KANSAS
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 July 19, 2010 by a company official on behalf of workers
of Haldex Brake Corporation, Commercial Vehicle Systems, Iola,
Kansas (Haldex Brake Corporation). The workers are engaged in
activities related to the production of automotive brake system
components. The workers are not separately identifiable.
The investigation revealed that workers of Haldex Brake
Corporation, Commercial Vehicle Systems, Iola, Kansas who are
engaged in activities related to the production of automotive
brake system components meet the criteria for certification.
Criterion I has been met because a significant proportion of
the workers have become separated, or are threatened with
separation, during the relevant period.
Criterion II has been satisfied because there has been a
shift in production of automotive brake system components by
Haldex Brake Corporation to Mexico.
Criterion III has been met because the shift of automotive
brake system components to Mexico by Haldex Brake Corporation
contributed importantly to worker separations at Haldex Brake
Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Haldex Brake
Corporation, Commercial Vehicle Systems, Iola, Kansas who are
engaged in activities related to the production of automotive
brake system components 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 Haldex Brake Corporation, Commercial Vehicle
Systems, Iola, Kansas who became totally or partially
separated from employment on or after July 15, 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 19th day of August, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
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