Certified
« back to search results

TAW-74416  /  Ainak (Winchester, KY)

Petitioner Type: Company
Impact Date: 07/12/2009
Filed Date: 07/20/2010
Most Recent Update: 01/07/2011
Determination Date: 01/07/2011
Expiration Date: 01/07/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,416

AINAK
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO AND MS INSPECTION
WINCHESTER, KENTUCKY

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 20, 2010, on behalf of workers of Ainak,
Winchester, Kentucky. The workers produce automotive parts.
The worker group includes on-site leased workers from Adecco
and MS Inspection.
The investigation revealed that workers of Ainak,
Winchester, Kentucky, who are engaged in employment related to
production of automotive parts, meet the criteria for
certification.
Criterion I has been met because a significant number of
workers in the firm have been totally or partially separated.
Criterion II has been satisfied because there has been a
shift by workers' firm to a foreign country in the production
of articles like or directly competitive with the automotive
parts produced by the firm.
Criterion III has been met because the shift in
production to a foreign country by Ainak contributed
importantly to worker group separations at the Winchester,
Kentucky facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ainak, Winchester,
Kentucky, who are engaged in employment related to production of
automotive parts, 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 Ainak, Winchester, Kentucky, including on-
site leased workers from Adecco and MS Inspection, who
became totally or partially separated from employment on or
after July 12, 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 7th day of January, 2011

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance