Certified
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TAW-85447 / Borg Warner Torque Transfer System, Inc. (Longview, TX)
Petitioner Type: Unknown
Impact Date: 07/28/2013
Filed Date: 07/29/2014
Most Recent Update: 08/15/2014
Determination Date: 08/15/2014
Expiration Date: 08/15/2016
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,447
BORG WARNER TORQUE TRANSFER SYSTEM, INC.
A SUBSIDIARY OF BORG WARNER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADVANTAGE RESEARCH,
EXPRESS EMPLOYMENT PROFESSIONALS, MAHAR TOOL SUPPLY, INC., AEROTEK AND HUMAN TECHNOLOGIES, INC.
LONGVIEW, 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 14, 2014, applicable to workers of Borg Warner Torque Transfer System, Inc., a subsidiary of Borg Warner, Inc., including on-site leased workers from Advantage Research and Express Employment Professionals, Longview, Texas. The workers are engaged in activities related to the production of automotive parts. The notice was published in the Federal Register on September 11, 2014 (79 FR 54296).
At the request of a state workforce official, the Department reviewed the certification for workers of the subject firm. New information shows that workers leased from Mahar Tool Supply, Inc., Aerotek and Human Technologies, Inc. were employed on-site at the Longview, Texas location. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include all workers of the firm who were adversely affected by a shift in the production to a foreign country.
Based on these findings, the Department is amending this certification to include workers leased from Mahar Tool Supply, Inc., Aerotek and Human Technologies, Inc. working on-site at the Longview, Texas location of the subject firm.
The amended notice applicable to TA-W-85,447 is hereby issued as follows:
“All workers of Borg Warner Torque Transfer System, Inc., a subsidiary of Borg Warner, Inc., including on-site leased workers from Advantage Research, Express Employment Professionals, Mahar Tool Supply, Inc., Aerotek and Human Technologies, Inc., Longview, Texas, who became totally or partially separated from employment on or after July 28, 2013 through August 15, 2016, 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 at Washington, D.C. this 25th day of November 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-85,447
BORG WARNER TORQUE TRANSFER SYSTEM, INC.
A SUBSIDIARY OF BORG WARNER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADVANTAGE RESEARCH AND
EXPRESS EMPLOYMENT PROFESSIONALS
LONGVIEW, 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 July 29, 2014 on behalf of workers of Borg Warner
Torque Transfer System, Inc., a subsidiary of Borg Warner, Inc.,
including on-site leased workers from Advantage Research and
Express Employment Professionals, Longview, Texas. The workers'
firm is engaged in activities related to production of
automotive parts, specifically shafts, cases and reduction hubs.
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 automotive
parts to a foreign country that is party to a free trade
agreement with the United States.
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 Borg Warner Torque
Transfer System, Inc., a subsidiary of Borg Warner, Inc.,
Longview, Texas, who are engaged in activities related to the
production of automotive parts, 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 Borg Warner Torque Transfer System, Inc., a
subsidiary of Borg Warner, Inc., including on-site leased
workers from Advantage Research and Express Employment
Professionals, Longview, Texas, who became totally or
partially separated from employment on or after July 28,
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 15th day of August 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,447
BORG WARNER TORQUE TRANSFER SYSTEM, INC.
A SUBSIDIARY OF BORG WARNER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADVANTAGE RESEARCH,
EXPRESS EMPLOYMENT PROFESSIONALS, MAHAR TOOL SUPPLY, INC., AEROTEK AND HUMAN TECHNOLOGIES, INC.
LONGVIEW, 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 14, 2014, applicable to workers of Borg Warner Torque Transfer System, Inc., a subsidiary of Borg Warner, Inc., including on-site leased workers from Advantage Research and Express Employment Professionals, Longview, Texas. The workers are engaged in activities related to the production of automotive parts. The notice was published in the Federal Register on September 11, 2014 (79 FR 54296).
At the request of a state workforce official, the Department reviewed the certification for workers of the subject firm. New information shows that workers leased from Mahar Tool Supply, Inc., Aerotek and Human Technologies, Inc. were employed on-site at the Longview, Texas location. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include all workers of the firm who were adversely affected by a shift in the production to a foreign country.
Based on these findings, the Department is amending this certification to include workers leased from Mahar Tool Supply, Inc., Aerotek and Human Technologies, Inc. working on-site at the Longview, Texas location of the subject firm.
The amended notice applicable to TA-W-85,447 is hereby issued as follows:
“All workers of Borg Warner Torque Transfer System, Inc., a subsidiary of Borg Warner, Inc., including on-site leased workers from Advantage Research, Express Employment Professionals, Mahar Tool Supply, Inc., Aerotek and Human Technologies, Inc., Longview, Texas, who became totally or partially separated from employment on or after July 28, 2013 through August 15, 2016, 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 at Washington, D.C. this 25th day of November 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-85,447
BORG WARNER TORQUE TRANSFER SYSTEM, INC.
A SUBSIDIARY OF BORG WARNER, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADVANTAGE RESEARCH AND
EXPRESS EMPLOYMENT PROFESSIONALS
LONGVIEW, 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 July 29, 2014 on behalf of workers of Borg Warner
Torque Transfer System, Inc., a subsidiary of Borg Warner, Inc.,
including on-site leased workers from Advantage Research and
Express Employment Professionals, Longview, Texas. The workers'
firm is engaged in activities related to production of
automotive parts, specifically shafts, cases and reduction hubs.
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 automotive
parts to a foreign country that is party to a free trade
agreement with the United States.
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 Borg Warner Torque
Transfer System, Inc., a subsidiary of Borg Warner, Inc.,
Longview, Texas, who are engaged in activities related to the
production of automotive parts, 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 Borg Warner Torque Transfer System, Inc., a
subsidiary of Borg Warner, Inc., including on-site leased
workers from Advantage Research and Express Employment
Professionals, Longview, Texas, who became totally or
partially separated from employment on or after July 28,
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 15th day of August 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance