Certified
« back to search results

TAW-85357  /  Flextronics International Inc. (Fort Worth, TX)

Petitioner Type: State
Impact Date: 06/03/2013
Filed Date: 06/04/2014
Most Recent Update: 08/05/2014
Determination Date: 08/05/2014
Expiration Date: 08/05/2016

Other Worker Groups on This Petition



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,357

FLEXTRONICS INTERNATIONAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK, ONIN, PROTECH, COWORX STAFFING SERVICES ALSO KNOWN AS AXCESS, VSSI LLC AUTOMATION PERSONNEL SERVICES INC., AND CORNERSTONE STAFFING
FORT WORTH, TEXAS

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 August 5, 2014, applicable to workers of Flextronics International Inc., including on-site leased workers from Aerotek, Onin, Protech, and CoWorx Staffing Services also known as Axcess, Fort Worth, Texas (TA-W-85,357) and Motorola Mobility LLC, Mobile Devices, a subsidiary Of Google, Inc., including on-site leased workers from Kelly OCG, TEKsystems, and TATA Consultancy Services, working on-site at Flextronics International Inc., Fort Worth, Texas (TA-W-85,357A). The Department’s Notice of Determination was published in the Federal Register on August 22, 2014 (79 FR 49818).
In response to a request by the Texas Workforce Commission, the Department reviewed the certification for workers of the subject firm. The firm is engaged in production of cell phones.
The investigation confirmed that workers from Automation Personnel Services Inc., Cornerstone Staffing, and VSSI LLC worked on-site at the Fort Worth facility and were sufficiently under the operational control of the firm to be considered leased workers. The intent of the Department is to include all workers whose separation or threat of separation is attributable to the shift in production to a foreign country.
The amended notice applicable to TA-W-85,357 is hereby issued as follows:


“All workers of Flextronics International Inc., including on-site leased workers from Aerotek, Onin, Protech, CoWorx Staffing Services also known as Axcess, Automation Personnel Services Inc., Cornerstone Staffing, and VSSI LLC, Fort Worth, Texas (TA-W-85,357) and Motorola Mobility LLC, Mobile Devices, a subsidiary Of Google, Inc., including on-site leased workers from Kelly OCG, TEKsystems, and TATA Consultancy Services, working on-site at Flextronics International Inc., Fort Worth, Texas (TA-W-85,357A), who became totally or partially separated from employment on or after June 3, 2013, through August 5, 2015, 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 22nd day of August, 2014

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,357

FLEXTRONICS INTERNATIONAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, ONIN, PROTECH, AND COWORX STAFFING SERVICES ALSO
KNOWN AS AXCESS
FORT WORTH, TEXAS

TA-W-85,357A

MOTOROLA MOBILITY LLC
MOBILE DEVICES
A SUBSIDIARY OF GOOGLE, INC.
ON-SITE AT FLEXTRONICS INTERNATIONAL INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY OCG, TEKSYSTEMS,
AND TATA CONSULTANCY SERVICES
FORT WORTH, TEXAS

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(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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(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
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic 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

The investigation was initiated in response to a petition
filed on June 4, 2014 by a state workforce office on behalf of
workers of Flextronics International Inc., Fort Worth, Texas
(TA-W-85,357) and Motorola Mobility LLC, Mobile Devices, a
subsidiary Of Google, Inc., working on-site at Flextronics
International Inc., Fort Worth, Texas (TA-W-85,357A). The
Flextronics' worker group includes on-site leased workers from
Aerotek, Onin, Protech, and CoWorx Staffing Services also known
as Axcess. The Motorola Mobility worker group includes on-site
leased workers from Kelly OCG, TEKsystems, and TATA Consultancy
Services. The workers are engaged in activities related to the
assembly of cellular phones. The subject facility is owned and
operated by Flextronics, with a workforce that is principally
controlled and directed by Flextronics. Motorola is co-located
in the facility with Flextronics and their contractors.
Flextronics is Motorola's partner in manufacturing, with final
assembly of some of Motorola Mobility's mobile products
primarily intended for the U.S. market. For purposes of this
investigation, the partnership between Flextronics International
Inc. and Motorola Mobility LLC meets the regulatory definition
of "firm" set forth at 29 CFR 90.2.
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(a)(2)(B) has been met because the employment
decline is related to the shift in production of cellular phones
to a foreign country and 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.
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 are 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 Flextronics
International Inc., including on-site leased workers from
Aerotek, Onin, Protech, and CoWorx Staffing Services also known
as Axcess, Fort Worth, Texas (TA-W-85,357) and Motorola
Mobility LLC, Mobile Devices, a subsidiary Of Google, Inc.,
including on-site leased workers from Kelly OCG, TEKsystems,
and TATA Consultancy Services, working on-site at Flextronics
International Inc., Fort Worth, Texas (TA-W-85,357A), who are
engaged in activities related to the production of cell phone
assembly 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 Flextronics International Inc., including
on-site leased workers from Aerotek, Onin, Protech, and
CoWorx Staffing Services also known as Axcess, Fort Worth,
Texas (TA-W-85,357) and Motorola Mobility LLC, Mobile
Devices, a subsidiary Of Google, Inc., including on-site
leased workers from Kelly OCG, TEKsystems, and TATA
Consultancy Services, working on-site at Flextronics
International Inc., Fort Worth, Texas (TA-W-85,357A), who
became totally or partially separated from employment on or
after June 3, 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 5th day of August 2014.

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