Certified
« back to search results

TAW-83269  /  Daikin McQuay (Auburn, NY)

Petitioner Type: Union
Impact Date: 12/04/2012
Filed Date: 12/05/2013
Most Recent Update: 12/27/2013
Determination Date: 12/27/2013
Expiration Date: 12/27/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,269

DAIKIN MCQUAY
DAIKIN APPLIED AMERICAS INC.
A WHOLLY OWNED SUBSIDIARY OF DAIKIN INDUSTRIES, LTD.
INCLUDING ON-SITE LEASED WORKERS FROM ISSI
AUBURN, 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:
(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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on December 5, 2013 by United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union (USW), Sub District on behalf of
workers of Daikin McQuay, Daikin Applied Americas Inc., a
wholly owned subsidiary of Daikin Industries, Ltd., Auburn,
New York. The worker group also consists of on-site leased
workers from ISSI. The workers' firm is engaged in activities
related to the production of unit ventilators, fan coils, water
source heat pumps, and packaged terminal systems - all HVAC
equipment.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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)(B) has been met because the workers'
firm is in the process of shifting to a foreign country the
production articles like or directly competitive with the
articles produced by the workers which contributed importantly
to worker group separations at Daikin McQuay.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Daikin McQuay, Daikin
Applied Americas Inc., a wholly owned subsidiary of Daikin
Industries, Ltd., including on-site leased workers from ISSI,
Auburn, New York, who are engaged in activities related to the
production of unit ventilators, fan coils, water source heat
pumps, and packaged terminal systems - all HVAC equipment 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 Daikin McQuay, Daikin Applied Americas
Inc., a wholly owned subsidiary of Daikin Industries,
Ltd., including on-site leased workers from ISSI, Auburn,
New York, who became totally or partially separated from
employment on or after December 4, 2012 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 27th day of December, 2013.


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