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TAW-85239  /  Robert Bosch Tool Corporation, Inc. (Mount Prospect, IL)

Petitioner Type: State
Impact Date: 04/15/2013
Filed Date: 04/16/2014
Most Recent Update: 02/16/2016
Determination Date: 02/16/2016
Expiration Date: 02/16/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,239

ROBERT BOSCH TOOL CORPORATION, INC.
POWER TOOL DIVISION
A SUBSIDIARY OF ROBERT BOSCH GMBH
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANCED RESOURCES, AEROTEK, AND RANDSTAD
MOUNT PROSPECT, ILLINOIS

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), 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 TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated April 16, 2014, resulted
in a negative determination, issued on May 8, 2014, that was based
on no import increase and/or shift in production to a foreign
country. The determination was applicable to workers and former
workers of Robert Bosch Tool Corporation, Inc., Engineering and Lab
Technician Group, Mount Prospect, Illinois. Further investigation
clarified the worker group to be Robert Bosch Tool Corporation,
Inc., Power Tool Division, a subsidiary of Robert Bosch Gmbh,
including on-site leased workers from Advanced Resources, Aerotek
and Randstad, Mount Prospect, Illinois. The workers’ firm is
engaged in activities related to corporate functions - including
design engineering, logistics, finance, human resources, marketing
and sales.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that that a shift
in services to a foreign country contributed importantly to worker
group separations.
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
has shifted to a foreign country the supply of service like or
directly competitive with the service supplied by the workers which
contributed importantly to worker group separations at Robert
Bosch Tool Corporation, Inc., Power Tool Division, a subsidiary
of Robert Bosch Gmbh, including on-site leased workers from
Advanced Resources, Aerotek, and Randstad, Mount Prospect,
Illinois.
Conclusion
After careful review, I determine that workers of Robert Bosch
Tool Corporation, Inc., Power Tool Division, a subsidiary of
Robert Bosch Gmbh, including on-site leased workers from Advanced
Resources, Aerotek, and Randstad, Mount Prospect, Illinois, who
are engaged in activities related to supply of corporate functions
- including design engineering, logistics, finance, human
resources, marketing and sales, 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 Robert Bosch Tool Corporation, Inc., Power
Tool Division, a subsidiary of Robert Bosch Gmbh, including on-
site leased workers from Advanced Resources, Aerotek, and
Randstad, Mount Prospect, Illinois, who became totally or
partially separated from employment on or after April 15, 2013,
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 16th day of February, 2016


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,239

ROBERT BOSCH TOOL CORPORATION, INC.
ENGINEERING AND LAB TECHNICIAN GROUP
MOUNT PROSPECT, ILLINOIS

Negative Determination 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 April 16, 2014 by the State Workforce Office on behalf
of workers of Robert Bosch Tool Corporation, Inc., Engineering
and Lab Technician Group, Mount Prospect, Illinois. The workers'
firm is engaged in activities related to the supply of engineering
and lab technician services.
The petitioners claimed that services were outsourced to
foreign countries. During the course of the investigation,
information was collected from the workers' firm.
With regard to Section 222(a)(2)(A) and Section 222(a)(2)(B)
of the Act, the investigation revealed that the worker
separations are not attributable to increased imports of articles
or a shift in production of articles to a foreign country.
Rather, the investigation confirmed that the worker separations
are attributable to a shift in the supply of engineering and lab
technician services to a foreign country.
With regard to Section 222(b) of the Act, the investigation
revealed that the workers' firm is not a Supplier or Downstream
Producer to a firm that employs a TAA-certified worker group.
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 Robert Bosch Tool
Corporation, Inc., Engineering and Lab Technician Group, Mount
Prospect, Illinois engaged in activities related to the supply of
engineering and lab technician services are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.

Signed in Washington, D.C., this 8th day of May, 2014.


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