Petitioner Type: State
Impact Date: 02/14/2010
Filed Date: 02/15/2011
Most Recent Update: 03/15/2011
Determination Date: 03/15/2011
Expiration Date: 03/15/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,280
YKK SNAP FASTENERS AMERICA INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT PLUS AND NESCO
LAWRENCEBURG, KENTCUKY
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 on February 15, 2011 by a state workforce office on
behalf of workers of YKK Snap Fasteners America Inc.,
Lawrenceburg, Kentucky (YKK). The workers are engaged in
activities related to the production of trim products (snaps,
buttons, burrs, rivets and hook and eyes). The workers are not
separately identifiable. The group consists of on-site leased
workers from Employment Plus and Nesco.
The investigation revealed that workers of YKK who are
engaged in activities related to the production of trim
products (snaps, buttons, burrs, rivets and hook and eyes) meet
the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at YKK have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been met because there has been a shift
by YKK to a foreign country in the production of articles like
or directly competitive with those produced by YKK.
Criterion III has been met because the shift of
production of trim products (snaps, buttons, burrs, rivets and
hook and eyes) to Mexico by YKK contributed importantly to
worker group separations at YKK.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of YKK Snap Fasteners
America Inc., including on-site leased workers from Employment
Plus and Nesco, Lawrenceburg, Kentucky, who are engaged in
activities related to trim products (snaps, buttons, burrs,
rivets and hook and eyes) 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 YKK Snap Fasteners America Inc., including
on-site leased workers from Employment Plus and Nesco,
Lawrenceburg, Kentucky, who became totally or partially
separated from employment on or after February 14, 2010,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on 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 15th day of March, 2011
/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-75,280
YKK SNAP FASTENERS AMERICA INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYMENT PLUS AND NESCO
LAWRENCEBURG, KENTCUKY
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 on February 15, 2011 by a state workforce office on
behalf of workers of YKK Snap Fasteners America Inc.,
Lawrenceburg, Kentucky (YKK). The workers are engaged in
activities related to the production of trim products (snaps,
buttons, burrs, rivets and hook and eyes). The workers are not
separately identifiable. The group consists of on-site leased
workers from Employment Plus and Nesco.
The investigation revealed that workers of YKK who are
engaged in activities related to the production of trim
products (snaps, buttons, burrs, rivets and hook and eyes) meet
the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at YKK have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been met because there has been a shift
by YKK to a foreign country in the production of articles like
or directly competitive with those produced by YKK.
Criterion III has been met because the shift of
production of trim products (snaps, buttons, burrs, rivets and
hook and eyes) to Mexico by YKK contributed importantly to
worker group separations at YKK.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of YKK Snap Fasteners
America Inc., including on-site leased workers from Employment
Plus and Nesco, Lawrenceburg, Kentucky, who are engaged in
activities related to trim products (snaps, buttons, burrs,
rivets and hook and eyes) 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 YKK Snap Fasteners America Inc., including
on-site leased workers from Employment Plus and Nesco,
Lawrenceburg, Kentucky, who became totally or partially
separated from employment on or after February 14, 2010,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on 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 15th day of March, 2011
/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance