Petitioner Type: Company
Impact Date: 10/20/2013
Filed Date: 10/21/2014
Most Recent Update: 10/30/2014
Determination Date: 10/30/2014
Expiration Date: 10/30/2016
Employment and Training Administration
TA-W-85,607
AIR SYSTEM COMPONENTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS
PONCA CITY, OKLAHOMA
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 October 21, 2014 by a company official on behalf of
workers of Air System Components, Inc., Ponca City, Oklahoma. The
workers' firm is engaged in activities related to the production of
Heating, Ventilation, and Air Conditioning (HVAC) system
components. The worker group includes on-site leased workers from
Express Employment Professionals.
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 Heating,
Ventilation, and Air Conditioning (HVAC) system components 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 of Air System Components,
Inc., including on-site leased workers from Express Employment
Professionals, Ponca City, Oklahoma, who are engaged in activities
related to the production of Heating, Ventilation, and Air
Conditioning (HVAC) system components 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 Air System Components, Inc., including on-site
leased workers from Express Employment Professionals, Ponca
City, Oklahoma, who became totally or partially separated from
employment on or after October 20, 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 30th day of October, 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance