Petitioner Type: Union
Impact Date: 06/08/2011
Filed Date: 06/14/2012
Most Recent Update: 09/28/2012
Determination Date: 09/28/2012
Expiration Date: 09/28/2014
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,718
DAIMLER BUSES NORTH AMERICA, INC.
A SUBSIDIARY OF DAIMLER NORTH AMERICA CORP
INCLUDING ON-SITE LEASED WORKERS FROM
NORAMTEC, FIRST CHOICE STAFFING, STAFF WORKS,
AND MR. SANTO LAMARCO FROM WURTH REVCAR FASTENERS, INC.
ORISKANY, 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 September 28, 2012, applicable to
workers of Daimler Buses North America, Inc. a subsidiary of
Daimler North America Corp., including leased workers from
Noramtec, First Choice Staffing, and Staff Works, Oriskany, New
York. The workers are engaged in activities related to the
production of transit buses. The notice was published in the
Federal Register on October 12, 2012 (77 FR 62260).
At the request of New York State Department of Labor, the
Department reviewed the certification for workers of the subject
firm. New information shows that a worker leased from Wurth
Revcar Fasteners, Inc. was also employed on-site at Daimler Buses
North America, Inc., Oriskany, New York. The Department has
determined that this worker was sufficiently under the control of
Daimler Buses North America, Inc. to be considered a leased
worker.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased customer imports of transit buses.
Based on these findings, the Department is amending this
certification to include the worker leased from Wurth Revcar
Fasteners, Inc. working on-site at the Oriskany, New York
location of the subject firm.
The amended notice applicable to TA-W-81,718 is hereby
issued as follows:
"All workers of Daimler Buses North America, Inc., a
subsidiary of Daimler North America Corp., including
on-site leased workers from Noramtec, First Choice
Staffing, Staff Works, and Mr. Santo LaMarco from Wurth
Revcar Fasteners, Inc., Oriskany, New York, who became
totally or partially separated from employment on or
after June 8, 2011, through September 28, 2014, 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 at Washington, D.C. this 28th day of December 2012
/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-81,718
DAIMLER BUSES NORTH AMERICA, INC.
A SUBSIDIARY OF DAIMLER NORTH AMERICA CORP
INCLUDING ON-SITE LEASED WORKERS FROM
NORAMTEC, FIRST CHOICE STAFFING, AND STAFF WORKS
ORISKANY, 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), can be satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(III) imports of articles directly incorporating one or
more component parts produced outside the United States that
are like or directly competitive with imports of articles
incorporating one or more component parts produced by such
firm have increased; and
(iii) the increase in imports 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.
The investigation was initiated in response to a petition
filed on June 14, 2012 by a Union Representative, UAW, Local 2243,
on behalf of workers of Daimler Buses North America, Inc. a
subsidiary of Daimler North America Corp., Oriskany, New York
(Daimler). The workers’ firm is engaged in activities related to
the production of transit buses. The worker group includes on-site
leased workers from Noramtec, First Choice Staffing, and Staff
Works.
During the course of the investigation, information was
collected from the workers’ firm and major customers.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in such workers’ firm have become totally
or partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production of transit buses by Daimler have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the transit buses
produced by Daimler have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports contributed importantly to the worker group
separations and sales/production declines at Daimler.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Daimler Buses North
America, Inc. a subsidiary of Daimler North America Corp.,
Oriskany, New York, who are engaged in activities related to the
production of transit buses, 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 Daimler Buses North America, Inc., a
subsidiary of Daimler North America Corp., including on-site
leased workers from Noramtec, First Choice Staffing, and Staff
Works, Oriskany, New York, who became totally or partially
separated from employment on or after June 8, 2011, 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 28th day of September, 2012.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-81,718
DAIMLER BUSES NORTH AMERICA, INC.
A SUBSIDIARY OF DAIMLER NORTH AMERICA CORP
INCLUDING ON-SITE LEASED WORKERS FROM
NORAMTEC, FIRST CHOICE STAFFING, STAFF WORKS,
AND MR. SANTO LAMARCO FROM WURTH REVCAR FASTENERS, INC.
ORISKANY, 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 September 28, 2012, applicable to
workers of Daimler Buses North America, Inc. a subsidiary of
Daimler North America Corp., including leased workers from
Noramtec, First Choice Staffing, and Staff Works, Oriskany, New
York. The workers are engaged in activities related to the
production of transit buses. The notice was published in the
Federal Register on October 12, 2012 (77 FR 62260).
At the request of New York State Department of Labor, the
Department reviewed the certification for workers of the subject
firm. New information shows that a worker leased from Wurth
Revcar Fasteners, Inc. was also employed on-site at Daimler Buses
North America, Inc., Oriskany, New York. The Department has
determined that this worker was sufficiently under the control of
Daimler Buses North America, Inc. to be considered a leased
worker.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased customer imports of transit buses.
Based on these findings, the Department is amending this
certification to include the worker leased from Wurth Revcar
Fasteners, Inc. working on-site at the Oriskany, New York
location of the subject firm.
The amended notice applicable to TA-W-81,718 is hereby
issued as follows:
"All workers of Daimler Buses North America, Inc., a
subsidiary of Daimler North America Corp., including
on-site leased workers from Noramtec, First Choice
Staffing, Staff Works, and Mr. Santo LaMarco from Wurth
Revcar Fasteners, Inc., Oriskany, New York, who became
totally or partially separated from employment on or
after June 8, 2011, through September 28, 2014, 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 at Washington, D.C. this 28th day of December 2012
/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-81,718
DAIMLER BUSES NORTH AMERICA, INC.
A SUBSIDIARY OF DAIMLER NORTH AMERICA CORP
INCLUDING ON-SITE LEASED WORKERS FROM
NORAMTEC, FIRST CHOICE STAFFING, AND STAFF WORKS
ORISKANY, 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), can be satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(III) imports of articles directly incorporating one or
more component parts produced outside the United States that
are like or directly competitive with imports of articles
incorporating one or more component parts produced by such
firm have increased; and
(iii) the increase in imports 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.
The investigation was initiated in response to a petition
filed on June 14, 2012 by a Union Representative, UAW, Local 2243,
on behalf of workers of Daimler Buses North America, Inc. a
subsidiary of Daimler North America Corp., Oriskany, New York
(Daimler). The workers’ firm is engaged in activities related to
the production of transit buses. The worker group includes on-site
leased workers from Noramtec, First Choice Staffing, and Staff
Works.
During the course of the investigation, information was
collected from the workers’ firm and major customers.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in such workers’ firm have become totally
or partially separated, or are threatened to become totally or
partially separated.
Section 222(a)(2)(A)(i) has been met because the sales and/or
production of transit buses by Daimler have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the transit buses
produced by Daimler have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports contributed importantly to the worker group
separations and sales/production declines at Daimler.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Daimler Buses North
America, Inc. a subsidiary of Daimler North America Corp.,
Oriskany, New York, who are engaged in activities related to the
production of transit buses, 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 Daimler Buses North America, Inc., a
subsidiary of Daimler North America Corp., including on-site
leased workers from Noramtec, First Choice Staffing, and Staff
Works, Oriskany, New York, who became totally or partially
separated from employment on or after June 8, 2011, 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 28th day of September, 2012.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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