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TAW-75001  /  Means Industries, Inc. (Saginaw, MI)

Petitioner Type: Union
Impact Date: 12/15/2009
Filed Date: 12/16/2010
Most Recent Update: 03/22/2011
Determination Date: 03/22/2011
Expiration Date: 03/22/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,001

MEANS INDUSTRIES, INC.
A SUBSIDIARY OF AMSTED INDUSTRIES
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES, INC.
SAGINAW, MICHIGAN

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 December 16, 2010 by an official from The
International Union, United Automobile, Aerospace and
Agricultural Implement Workers of America (UAW), Local 455 on
behalf of workers of Means Industries, Inc., a subsidiary of
Amsted Industries, Saginaw, Michigan. The workers produce
automotive stampings and assemblies. The worker group includes
on-site leased workers of Kelly Services, Inc.
The investigation revealed that workers of Means
Industries, Inc., who are engaged in employment related to
production of automotive stampings and assemblies, meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number of
workers have been separated over the relevant period.
Criterion II has been met because Means Industries, Inc.
produced component parts that were directly supplied to firms
with TAA-certified worker groups, and the components supplied
were related to the production of articles that were the basis
for the TAA certifications.
Criterion III has been met because the automotive
stampings and assemblies produced and supplied by Means
Industries, Inc. for firms that employed TAA-certified worker
groups accounted for at least 20 percent of the production or
sales of Means Industries, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Means Industries,
Inc., a subsidiary of Amsted Industries, Saginaw, Michigan,
who are engaged in employment related to production of
automotive stampings and assemblies 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 Means Industries, Inc., a subsidiary of
Amsted Industries, including on-site leased workers from
Kelly Services, Inc., Saginaw, Michigan, who became
totally or partially separated from employment on or after
December 15, 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 22nd day of March, 2011

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