Petitioner Type: Workers
Impact Date: 11/11/2009
Filed Date: 11/17/2010
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-74,890
OHIO DECORATIVE PRODUCTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
CUSTOM STAFFING
SPENCERVILLE, OHIO
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 January 7, 2011, applicable to workers of Ohio
Decorative Products, Inc., Spencerville, Ohio. The workers are
engaged in employment related to the production of decorative
metal products for appliances. The Notice was published in the
Federal Register on January 26, 2011 (76 FR 4728).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The subject firm
reports that the workers leased from Custom Staffing were
employed on-site at the Spencerville, Ohio location of Ohio
Decorative Products, Inc. The Department has determined that
these workers were sufficiently under the control of Ohio
Decorative Products, Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Custom Staffing
working on-site at the Spencerville, Ohio location of Ohio
Decorative Products, Inc.
The amended notice applicable to TA-W-74,890 is hereby
issued as follows:
"All workers of Ohio Decorative Products, Inc.,
including on-site leased workers from Custom Staffing,
Spencerville, Ohio, who became totally or partially
separated from employment on or after November 11,
2009, through January 7, 2013, 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 10th day of February, 2011
/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,890
OHIO DECORATIVE PRODUCTS, INC.
SPENCERVILLE, OHIO
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 on November 17, 2010 in
response to a petition filed on behalf of workers of Ohio
Decorative Products, Inc., Spencerville, Ohio (subject firm). The
workers produce decorative metal products for appliances.
The investigation revealed that workers of the subject firm
who are engaged in employment related to the production of
decorative metal products meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion or
number of workers at the subject firm was totally or partially
separated, or threatened with such separation.
Criterion II has been met because workers of the subject
firm produced decorative metal products that were directly
supplied to a firm that employed a worker group eligible to apply
for Trade Adjustment Assistance (TAA), and the component supplied
was related to the production of articles that were the basis for
the TAA certification.
Criterion III has been met because the loss of business by
the subject firm with the afore-mentioned firm, with respect to
decorative metal products, contributed importantly to worker
separations at the Spencerville, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determined that workers of Ohio Decorative
Products, Inc., Spencerville, Ohio, who are engaged in employment
related to the production of decorative products, 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 Ohio Decorative Products, Inc.,
Spencerville, Ohio, who became totally or partially separated
from employment on or after November 11, 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/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
- 5 -
Employment and Training Administration
TA-W-74,890
OHIO DECORATIVE PRODUCTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
CUSTOM STAFFING
SPENCERVILLE, OHIO
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 January 7, 2011, applicable to workers of Ohio
Decorative Products, Inc., Spencerville, Ohio. The workers are
engaged in employment related to the production of decorative
metal products for appliances. The Notice was published in the
Federal Register on January 26, 2011 (76 FR 4728).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The subject firm
reports that the workers leased from Custom Staffing were
employed on-site at the Spencerville, Ohio location of Ohio
Decorative Products, Inc. The Department has determined that
these workers were sufficiently under the control of Ohio
Decorative Products, Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Custom Staffing
working on-site at the Spencerville, Ohio location of Ohio
Decorative Products, Inc.
The amended notice applicable to TA-W-74,890 is hereby
issued as follows:
"All workers of Ohio Decorative Products, Inc.,
including on-site leased workers from Custom Staffing,
Spencerville, Ohio, who became totally or partially
separated from employment on or after November 11,
2009, through January 7, 2013, 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 10th day of February, 2011
/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,890
OHIO DECORATIVE PRODUCTS, INC.
SPENCERVILLE, OHIO
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 on November 17, 2010 in
response to a petition filed on behalf of workers of Ohio
Decorative Products, Inc., Spencerville, Ohio (subject firm). The
workers produce decorative metal products for appliances.
The investigation revealed that workers of the subject firm
who are engaged in employment related to the production of
decorative metal products meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion or
number of workers at the subject firm was totally or partially
separated, or threatened with such separation.
Criterion II has been met because workers of the subject
firm produced decorative metal products that were directly
supplied to a firm that employed a worker group eligible to apply
for Trade Adjustment Assistance (TAA), and the component supplied
was related to the production of articles that were the basis for
the TAA certification.
Criterion III has been met because the loss of business by
the subject firm with the afore-mentioned firm, with respect to
decorative metal products, contributed importantly to worker
separations at the Spencerville, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determined that workers of Ohio Decorative
Products, Inc., Spencerville, Ohio, who are engaged in employment
related to the production of decorative products, 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 Ohio Decorative Products, Inc.,
Spencerville, Ohio, who became totally or partially separated
from employment on or after November 11, 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/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
- 5 -