Petitioner Type: Company
Impact Date: 09/09/2009
Filed Date: 09/15/2010
Most Recent Update: 10/08/2010
Determination Date: 10/08/2010
Expiration Date: 10/08/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,628
DI-PRO, INC.
A SUBSIDIARY OF BENDIX-SPICER/KNORR-BREMSE
BENDIX-SPICER FOUNDATION BRAKE
INCLUDING ON-SITE LEASED WORKERS FROM
SELECT, ACT-1 AND PRIDESTAFF
FRESNO, CALIFORNIA
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 October 8, 2010, applicable to workers
of Di-Pro, Inc., a subsidiary of Bendix-Spicer/Knorr-Bremse,
including on-site leased workers from Select, Fresno,
California. The notice was published in the Federal Register on
October 25, 2010 (75 FR 65520).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
brake chambers and spring brakes for braking systems on air
braked trucks, tractors and semi-trailers.
The company reports that workers leased from Act-1 and
PrideStaff were employed on-site at the Fresno, California
location of Di-Pro, Inc. The Department has determined that
these workers were sufficiently under the control of Di-Pro,
Inc., a subsidiary of Bendix-Spicer/Knorr-Bremse, Bendix-Spicer
Foundation Brake to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Act-1 and
PrideStaff working on-site at the Fresno, California location of
Di-Pro, Inc., a subsidiary of Bendix-Spicer/Knorr-Bremse,
Bendix-Spicer Foundation Brake.
The amended notice applicable to TA-W-74,628 is hereby
issued as follows:
"All workers of Di-Pro, Inc., a subsidiary of Bendix-
Spicer/Knorr-Bremse, Bendix-Spicer Foundation Brake,
including on-site leased workers from Select, Act-1
and PrideStaff, Fresno, California, who became totally
or partially separated from employment on or after
September 9, 2009, through October 8, 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 at Washington, D.C. this 18th day of November 2010.
/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,628
DI-PRO, INC.
A SUBSIDIARY OF BENDIX-SPICER/KNORR-BREMSE
INCLUDING ON-SITE LEASED WORKERS
FROM SELECT
FRESNO, CALIFORNIA
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. (Set forth in 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 September 15, 2010 by a company official on behalf of
workers of Di-Pro, Inc., a subsidiary of Bendix-Spicer/Knorr-
Bremse, Fresno, California (Di-Pro Fresno). The workers are
engaged in activities related to production of brake chambers
and spring brakes for braking systems on air braked trucks,
tractors and semi-trailers. The worker group includes on-site
leased workers from Select.
The investigation revealed that workers of Di-Pro Fresno
who are engaged in activities related to production of brake
chambers and spring brakes for braking systems on air braked
trucks, tractors and semi-trailers, 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 production of brake chambers and spring brakes for
braking systems on air braked trucks, tractors and semi-trailers
by Di-Pro Fresno to foreign countries.
Criterion III has been met because the shift in production
of brake chambers and spring brakes for braking systems on air
braked trucks, tractors and semi-trailers by Di-Pro Fresno
contributed importantly to separations at the Fresno,
California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Di-Pro, Inc., a
subsidiary of Bendix-Spicer/Knorr-Bremse, including on-site
leased workers from Select, Fresno, California, who are engaged
in activities related to production of brake chambers and spring
brakes for braking systems on air braked trucks, tractors and
semi-trailers, 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 Di-Pro, Inc., a subsidiary of Bendix-
Spicer/Knorr-Bremse, including on-site leased workers from
Select, Fresno, California, who became totally or partially
separated from employment on or after September 9, 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 8th day of October, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,628
DI-PRO, INC.
A SUBSIDIARY OF BENDIX-SPICER/KNORR-BREMSE
BENDIX-SPICER FOUNDATION BRAKE
INCLUDING ON-SITE LEASED WORKERS FROM
SELECT, ACT-1 AND PRIDESTAFF
FRESNO, CALIFORNIA
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 October 8, 2010, applicable to workers
of Di-Pro, Inc., a subsidiary of Bendix-Spicer/Knorr-Bremse,
including on-site leased workers from Select, Fresno,
California. The notice was published in the Federal Register on
October 25, 2010 (75 FR 65520).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
brake chambers and spring brakes for braking systems on air
braked trucks, tractors and semi-trailers.
The company reports that workers leased from Act-1 and
PrideStaff were employed on-site at the Fresno, California
location of Di-Pro, Inc. The Department has determined that
these workers were sufficiently under the control of Di-Pro,
Inc., a subsidiary of Bendix-Spicer/Knorr-Bremse, Bendix-Spicer
Foundation Brake to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Act-1 and
PrideStaff working on-site at the Fresno, California location of
Di-Pro, Inc., a subsidiary of Bendix-Spicer/Knorr-Bremse,
Bendix-Spicer Foundation Brake.
The amended notice applicable to TA-W-74,628 is hereby
issued as follows:
"All workers of Di-Pro, Inc., a subsidiary of Bendix-
Spicer/Knorr-Bremse, Bendix-Spicer Foundation Brake,
including on-site leased workers from Select, Act-1
and PrideStaff, Fresno, California, who became totally
or partially separated from employment on or after
September 9, 2009, through October 8, 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 at Washington, D.C. this 18th day of November 2010.
/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,628
DI-PRO, INC.
A SUBSIDIARY OF BENDIX-SPICER/KNORR-BREMSE
INCLUDING ON-SITE LEASED WORKERS
FROM SELECT
FRESNO, CALIFORNIA
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. (Set forth in 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 September 15, 2010 by a company official on behalf of
workers of Di-Pro, Inc., a subsidiary of Bendix-Spicer/Knorr-
Bremse, Fresno, California (Di-Pro Fresno). The workers are
engaged in activities related to production of brake chambers
and spring brakes for braking systems on air braked trucks,
tractors and semi-trailers. The worker group includes on-site
leased workers from Select.
The investigation revealed that workers of Di-Pro Fresno
who are engaged in activities related to production of brake
chambers and spring brakes for braking systems on air braked
trucks, tractors and semi-trailers, 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 production of brake chambers and spring brakes for
braking systems on air braked trucks, tractors and semi-trailers
by Di-Pro Fresno to foreign countries.
Criterion III has been met because the shift in production
of brake chambers and spring brakes for braking systems on air
braked trucks, tractors and semi-trailers by Di-Pro Fresno
contributed importantly to separations at the Fresno,
California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Di-Pro, Inc., a
subsidiary of Bendix-Spicer/Knorr-Bremse, including on-site
leased workers from Select, Fresno, California, who are engaged
in activities related to production of brake chambers and spring
brakes for braking systems on air braked trucks, tractors and
semi-trailers, 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 Di-Pro, Inc., a subsidiary of Bendix-
Spicer/Knorr-Bremse, including on-site leased workers from
Select, Fresno, California, who became totally or partially
separated from employment on or after September 9, 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 8th day of October, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance