Petitioner Type: Company
Impact Date: 12/17/2010
Filed Date: 11/30/2010
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-74,940
NEW PROCESS GEAR
A DIVISION OF MAGNA POWERTRAIN
INCLUDING ON-SITE LEASED SORKERS FROM
ABM JANITORIAL SERVICE NORTHEAST, INC., AND
IS ONE, INC.
EAST SYRACUSE, NEW YORK
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 New
Process Gear, a division of Magna Powertrain, East Syracuse, New
York, The workers produce automotive components. The notice was
published in the Federal Register on January 26, 2011 (75 FR
77669). The notice was amended on June 21, 2012 to include on-
site leased workers from ABM Janitorial Service Northeast, Inc.
The amended notice was published in the Federal Register on July
16, 2012 (77FR 41807).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from IS One, Inc. were employed on-
site at the East Syracuse, New York location of New Process Gear,
a division of Magna Powertrain. The Department has determined
that these workers were sufficiently under the control of New
Gear Process, a division of Magna Powertrain to be considered
leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from IS One, Inc. working
on-site at the East Syracuse, New York location of New Process Gear,
a division of Magna Powertrain.
The amended notice applicable to TA-W-74,940 is hereby
issued as follows:
"All workers of New Process Gear, a division of Magna
Powertrain, including on-site leased workers from ABM
Janitorial Service Northeast, Inc., and IS One, Inc.,
East Syracuse, New York, who became totally or
partially separated from employment on or after
December 17, 2010, 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 29th day of August 2012.
/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-74,940
NEW PROCESS GEAR
A DIVISION OF MAGNA POWERTRAIN
EAST SYRACUSE, NEW YORK
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 by a company official on November 30, 2010 on behalf of
workers of New Gear Process, a division of Magna Powertrain, East
Syracuse, New York. The workers produce automotive components.
Workers of the subject firm were previously certified for
Trade Adjustment Assistance, which expired on December 16, 2010.
The investigation revealed that workers of New Gear Process, a
division of Magna Powertrain, East Syracuse, New York, who are
engaged in employment related to production of automotive
components, meet the criteria for certification.
Criterion I has been met because a significant number of the
workers are threatened with total or partial separations.
Criterion II has been satisfied because the workers’ firm has
committed to shift to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
contributed importantly to threatened worker group separations at
New Gear Process, a division of Magna Powertrain, East Syracuse,
New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of New Gear Process, a
division of Magna Powertrain, East Syracuse, New York, who are
engaged in employment related to production of automotive
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 New Gear Process, a division of Magna
Powertrain, East Syracuse, New York, who became totally or
partially separated from employment on or after December 17,
2010, 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
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Employment and Training Administration
TA-W-74,940
NEW PROCESS GEAR
A DIVISION OF MAGNA POWERTRAIN
INCLUDING ON-SITE LEASED SORKERS FROM
ABM JANITORIAL SERVICE NORTHEAST, INC., AND
IS ONE, INC.
EAST SYRACUSE, NEW YORK
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 New
Process Gear, a division of Magna Powertrain, East Syracuse, New
York, The workers produce automotive components. The notice was
published in the Federal Register on January 26, 2011 (75 FR
77669). The notice was amended on June 21, 2012 to include on-
site leased workers from ABM Janitorial Service Northeast, Inc.
The amended notice was published in the Federal Register on July
16, 2012 (77FR 41807).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from IS One, Inc. were employed on-
site at the East Syracuse, New York location of New Process Gear,
a division of Magna Powertrain. The Department has determined
that these workers were sufficiently under the control of New
Gear Process, a division of Magna Powertrain to be considered
leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from IS One, Inc. working
on-site at the East Syracuse, New York location of New Process Gear,
a division of Magna Powertrain.
The amended notice applicable to TA-W-74,940 is hereby
issued as follows:
"All workers of New Process Gear, a division of Magna
Powertrain, including on-site leased workers from ABM
Janitorial Service Northeast, Inc., and IS One, Inc.,
East Syracuse, New York, who became totally or
partially separated from employment on or after
December 17, 2010, 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 29th day of August 2012.
/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-74,940
NEW PROCESS GEAR
A DIVISION OF MAGNA POWERTRAIN
EAST SYRACUSE, NEW YORK
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 by a company official on November 30, 2010 on behalf of
workers of New Gear Process, a division of Magna Powertrain, East
Syracuse, New York. The workers produce automotive components.
Workers of the subject firm were previously certified for
Trade Adjustment Assistance, which expired on December 16, 2010.
The investigation revealed that workers of New Gear Process, a
division of Magna Powertrain, East Syracuse, New York, who are
engaged in employment related to production of automotive
components, meet the criteria for certification.
Criterion I has been met because a significant number of the
workers are threatened with total or partial separations.
Criterion II has been satisfied because the workers’ firm has
committed to shift to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
contributed importantly to threatened worker group separations at
New Gear Process, a division of Magna Powertrain, East Syracuse,
New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of New Gear Process, a
division of Magna Powertrain, East Syracuse, New York, who are
engaged in employment related to production of automotive
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 New Gear Process, a division of Magna
Powertrain, East Syracuse, New York, who became totally or
partially separated from employment on or after December 17,
2010, 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
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