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TAW-85218  /  York International Corporation (York, PA)

Petitioner Type: Union
Impact Date: 04/01/2013
Filed Date: 04/10/2014
Most Recent Update: 05/16/2014
Determination Date: 05/16/2014
Expiration Date: 05/16/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,218

YORK INTERNATIONAL CORPORATION
A SUBSIDIARY OF JOHNSON CONTROLS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
MAGIC WORKFORCE SOLUTIONS
YORK, PENNSYLVANIA

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 (or subdivision)
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
(or subdivision) 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
term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles
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 April 10, 2014 by a representative from International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America Workers (UAW), Region 8, on behalf of
workers of York International Corporation, a subsidiary of
Johnson Controls, Inc., York, Pennsylvania (hereafter referred
to as "York International"). The workers' firm is engaged in
the production of compressors and components. The subject
worker group includes on-site leased workers from Magic
Workforce Solutions.
During the course of the investigation, information was
collected from the workers' firm.
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(b)(2) has been met because York International
is a Supplier 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), and such supply is related to the actual
finished article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the compressors
and components produced by York International for a firm that
employed a worker group who received a certification of
eligibility accounted for at least 20 percent of the
production or sales of York International.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria have been met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of York International
Corporation, a subsidiary of Johnson Controls, Inc., York,
Pennsylvania, who are engaged in activities related to the
production of compressors and components meet the worker group
certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:


"All workers of York International Corporation, a
subsidiary of Johnson Controls, Inc., including on-site
leased workers from Magic Workforce Solutions, York,
Pennsylvania, who became totally or partially separated
from employment on or after April 1, 2013, 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, and are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 16th day of May, 2014


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance