Petitioner Type: Workers
Impact Date:
Filed Date: 06/01/2011
Most Recent Update: 09/21/2011
Determination Date: 09/21/2011
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,209
MED TEC AMBULANCE CORPORATION
PAINT AND FABRICATION FACILITIES
A DIVISION OF OSHKOSH – FIRE & EMERGENCY SEGMENT
INCLUDING ON-SITE LEASED WORKERS FROM TRILLIUM AND MANPOWER
WHITE PIGEON, MICHIGAN
Notice of Negative Determination
on Reconsideration
The initial investigation, initiated June 1, 2011, resulted in
a negative determination, issued on September 21, 2011, that was
based on the finding that the subject firm did not shift
production to a foreign country nor were there increased imports.
The determination was applicable to workers and former workers of
Med Tec Ambulance Corporation, Paint and Fabrication Facilities, a
division of Oshkosh – Fire & Emergency Segment, White Pigeon,
Michigan (subject firm). The notice of determination was published
in the Federal Register on October 7, 2011 (76 FR 62453). The
workers’ firm is engaged in activities related to the production of
ambulances. The subject worker group supplies painting and
fabrication services related to ambulances.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
group at Med Tec Ambulance Corporation, Paint and Fabrication
Facilities, White Pigeon, Michigan, does not meet the criteria for
certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of ambulances (or
articles like or directly competitive with those produced by Med
Tec Ambulance Corporation) during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Med Tec Ambulance Corporation did not
shift the production of ambulances (or like or directly
competitive articles) to a foreign country or acquire the
production of such articles from a foreign country. Rather, Med
Tec Ambulance Corporation shifted production of ambulances to
another domestic facility.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Med Tec Ambulance Corporation is not a
Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Med Tec Ambulance Corporation does not
act as a Downstream Producer to a firm (or subdivision, whichever
is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because the workers’
firm has not been publically identified by name by the
International Trade Commission as a member of a domestic industry
in an investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Med Tec
Ambulance Corporation, Paint and Fabrication Facilities, a division
of Oshkosh – Fire & Emergency Segment, White Pigeon, Michigan, to
apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,209
MED TEC AMBULANCE CORPORATION
PAINT AND FABRICATION FACILITIES
A DIVISION OF OSHKOSH – FIRE & EMERGENCY SEGMENT
INCLUDING ON-SITE LEASED WORKERS FROM TRILLIUM AND MANPOWER
WHITE PIGEON, MICHIGAN
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.
For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) 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;
(2) 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 that was the basis for such
certification; and
(3) 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(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on June 1, 2011 by three workers on behalf of workers of Med
Tec Ambulance Corporation, Paint and Fabrication Facilities, a
division of Oshkosh – Fire & Emergency Segment, White Pigeon,
Michigan (Med Tec). The workers’ firm is engaged in activities
related to supplying paint and fabrication services to the
production of ambulances.
The petitioner alleges that their company moved to Florida to
save money. The investigation included analysis of data supplied
by the workers’ firm, information collected during a previous
investigation from a prior petition regarding a sister facility,
Jerr-Dan Corporation, An Oshkosh Corporation, Fire and Emergency
Division, PA, affiliated with the subject firm’s corporation, (TA-W
74,996) which was denied eligibility, as well as information
provided by the petitioners.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there has not been a shift in
production of articles like or directly competitive with the
ambulances produced by the workers’ firm to a foreign country.
With respect to Section 222(a)(2)(A)(iii), the investigation
revealed that the worker separations are not attributable to
increased imports of articles like or directly competitive with
the ambulances produced by the firm. Rather, the investigation
confirmed that the separations are attributable to a reduction in
sales and a subsequent domestic move followed by a complete plant
shutdown.
The investigation revealed that Section 222(b)(3)(A) and
Section 222(b)(3)(B) have not been met because the subject firm is
not 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Med Tec Ambulance
Corporation, Paint and Fabrication Facilities, a division of
Oshkosh – Fire & Emergency Segment, including on-site leased
workers from Trillium and Manpower, White Pigeon, Michigan are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 21st day of September, 2011
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-80,209
MED TEC AMBULANCE CORPORATION
PAINT AND FABRICATION FACILITIES
A DIVISION OF OSHKOSH – FIRE & EMERGENCY SEGMENT
INCLUDING ON-SITE LEASED WORKERS FROM TRILLIUM AND MANPOWER
WHITE PIGEON, MICHIGAN
Notice of Negative Determination
on Reconsideration
The initial investigation, initiated June 1, 2011, resulted in
a negative determination, issued on September 21, 2011, that was
based on the finding that the subject firm did not shift
production to a foreign country nor were there increased imports.
The determination was applicable to workers and former workers of
Med Tec Ambulance Corporation, Paint and Fabrication Facilities, a
division of Oshkosh – Fire & Emergency Segment, White Pigeon,
Michigan (subject firm). The notice of determination was published
in the Federal Register on October 7, 2011 (76 FR 62453). The
workers’ firm is engaged in activities related to the production of
ambulances. The subject worker group supplies painting and
fabrication services related to ambulances.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
group at Med Tec Ambulance Corporation, Paint and Fabrication
Facilities, White Pigeon, Michigan, does not meet the criteria for
certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of ambulances (or
articles like or directly competitive with those produced by Med
Tec Ambulance Corporation) during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Med Tec Ambulance Corporation did not
shift the production of ambulances (or like or directly
competitive articles) to a foreign country or acquire the
production of such articles from a foreign country. Rather, Med
Tec Ambulance Corporation shifted production of ambulances to
another domestic facility.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Med Tec Ambulance Corporation is not a
Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Med Tec Ambulance Corporation does not
act as a Downstream Producer to a firm (or subdivision, whichever
is applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because the workers’
firm has not been publically identified by name by the
International Trade Commission as a member of a domestic industry
in an investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Med Tec
Ambulance Corporation, Paint and Fabrication Facilities, a division
of Oshkosh – Fire & Emergency Segment, White Pigeon, Michigan, to
apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,209
MED TEC AMBULANCE CORPORATION
PAINT AND FABRICATION FACILITIES
A DIVISION OF OSHKOSH – FIRE & EMERGENCY SEGMENT
INCLUDING ON-SITE LEASED WORKERS FROM TRILLIUM AND MANPOWER
WHITE PIGEON, MICHIGAN
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.
For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) 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;
(2) 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 that was the basis for such
certification; and
(3) 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(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on June 1, 2011 by three workers on behalf of workers of Med
Tec Ambulance Corporation, Paint and Fabrication Facilities, a
division of Oshkosh – Fire & Emergency Segment, White Pigeon,
Michigan (Med Tec). The workers’ firm is engaged in activities
related to supplying paint and fabrication services to the
production of ambulances.
The petitioner alleges that their company moved to Florida to
save money. The investigation included analysis of data supplied
by the workers’ firm, information collected during a previous
investigation from a prior petition regarding a sister facility,
Jerr-Dan Corporation, An Oshkosh Corporation, Fire and Emergency
Division, PA, affiliated with the subject firm’s corporation, (TA-W
74,996) which was denied eligibility, as well as information
provided by the petitioners.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there has not been a shift in
production of articles like or directly competitive with the
ambulances produced by the workers’ firm to a foreign country.
With respect to Section 222(a)(2)(A)(iii), the investigation
revealed that the worker separations are not attributable to
increased imports of articles like or directly competitive with
the ambulances produced by the firm. Rather, the investigation
confirmed that the separations are attributable to a reduction in
sales and a subsequent domestic move followed by a complete plant
shutdown.
The investigation revealed that Section 222(b)(3)(A) and
Section 222(b)(3)(B) have not been met because the subject firm is
not 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Med Tec Ambulance
Corporation, Paint and Fabrication Facilities, a division of
Oshkosh – Fire & Emergency Segment, including on-site leased
workers from Trillium and Manpower, White Pigeon, Michigan are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 21st day of September, 2011
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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