Petitioner Type: Company
Impact Date: 09/03/2009
Filed Date: 09/08/2010
Most Recent Update: 09/27/2010
Determination Date: 09/27/2010
Expiration Date: 09/27/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,600
LEAR CORPORATION
LOUISVILLE, 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(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 services used
in the production of 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 September 8, 2010, by a company official on behalf of
workers of Lear Corporation, Louisville, Kentucky. The workers
are engaged in activities related to the production of
automotive seating. The petitioner alleged a secondary impact
due to loss of sales with a certified customer.
The investigation revealed that workers of Lear Corporation
who are engaged in employment related to automotive seating
meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion
of workers will be separated.
Criterion II has been met because workers of Lear
Corporation produced automotive seating that were directly
supplied to a firm with a certified Trade Adjustment
Assistance (TAA) worker group, and the component supplied was
related to the production of an article that was the basis for
the TAA certification.
Criterion III has been met because the automotive seating
produced or supplied by the Lear Corporation for a firm that
employed a worker group covered by an active certification
accounted for at least 20 percent of the production or sales
of the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lear Corporation,
Louisville, Kentucky, who are engaged in activities related to
the production of automotive seating, meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Lear Corporation, Louisville, Kentucky,
who became totally or partially separated from employment
on or after September 3, 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 27th day of September, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,600
LEAR CORPORATION
LOUISVILLE, 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(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 services used
in the production of 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 September 8, 2010, by a company official on behalf of
workers of Lear Corporation, Louisville, Kentucky. The workers
are engaged in activities related to the production of
automotive seating. The petitioner alleged a secondary impact
due to loss of sales with a certified customer.
The investigation revealed that workers of Lear Corporation
who are engaged in employment related to automotive seating
meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion
of workers will be separated.
Criterion II has been met because workers of Lear
Corporation produced automotive seating that were directly
supplied to a firm with a certified Trade Adjustment
Assistance (TAA) worker group, and the component supplied was
related to the production of an article that was the basis for
the TAA certification.
Criterion III has been met because the automotive seating
produced or supplied by the Lear Corporation for a firm that
employed a worker group covered by an active certification
accounted for at least 20 percent of the production or sales
of the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lear Corporation,
Louisville, Kentucky, who are engaged in activities related to
the production of automotive seating, meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Lear Corporation, Louisville, Kentucky,
who became totally or partially separated from employment
on or after September 3, 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 27th day of September, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance