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TAW-92147  /  DTNA Gastonia Components and Logistics Plant (Gastonia, NC)

Petitioner Type: Union
Impact Date: 08/18/2015
Filed Date: 08/26/2016
Most Recent Update: 03/09/2017
Determination Date: 03/09/2017
Expiration Date: 03/09/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,147

DTNA GASTONIA COMPONENTS AND LOGISTICS PLANT
A WHOLLY OWNED SUBSIDIARY OF DAIMLER TRUCKS NORTH AMERICA
GASTONIA, NORTH CAROLINA

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
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 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 or service 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
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, 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 August 26, 2016 by a union official (International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America, Region 8 and Local Union 5285) on behalf of
workers of DTNA Gastonia Components and Logistics Plant, a
wholly owned subsidiary of Daimler Trucks North America,
Gastonia, North Carolina (herein known as "DTNA Gastonia
Components and Logistics Plant" or "workers' firm"). The
workers' firm is engaged in activities related to the production
of heavy duty truck components.
During the course of the investigation, information was
collected from the petitioner and the workers' firm.
Section 222(b)(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 DTNA Gastonia
Components and Logistics Plant is a Supplier 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 is related to the heavy duty trucks
that was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by DTNA Gastonia Components and Logistics Plant with
the firm that employed a certified worker group contributed
importantly to worker separations at DTNA Gastonia Components
and Logistics Plant.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of DTNA Gastonia
Components and Logistics Plant, a wholly owned subsidiary of
Daimler Trucks North America, Gastonia, North Carolina, who are
engaged in activities related to the production of heavy duty
truck 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 DTNA Gastonia Components and Logistics
Plant, a wholly owned subsidiary of Daimler Trucks North
America, Gastonia, North Carolina, who became totally or
partially separated from employment on or after August 18,
2015 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 9th day of March 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance