Petitioner Type: State
Impact Date: 08/07/2018
Filed Date: 08/08/2019
Most Recent Update: 10/28/2019
Determination Date: 10/28/2019
Expiration Date: 10/28/2021
Employment and Training Administration
TA-W-95,054A
GOODMAN COMPANY, L.P.
PTAC DIVISION
FAYETTEVILLE FACILITY
FAYETTEVILLE, TENNESSEE
Notice of Revised Determination
on Reconsideration
On December 4, 2019, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Goodman Company, L.P., PTAC
Division, Fayetteville Facility, Fayetteville, Tennessee
(Goodman–PTAC Division; TA-W-95,054A). The Department’s Notice of
determination was published in the Federal Register on November 25,
2019 (84 FR 64929). Workers of Goodman Company, L.P.,
Fayetteville, Tennessee are engaged in activities related to the
production of packaged terminal air conditioners and residential
packaged air conditioners.
The request for reconsideration asserted that all work at
Goodman Company, L.P., Fayetteville, Tennessee is integral to the
production of packaged terminal air conditioners and residential
packaged air conditioners and activity which impacted workers at
Goodman Company, L.P., Sheet Metal Stamped Parts Division,
Fayetteville, Tennessee (Goodman–PTAC Division; TA-W-95,054) also
impacted workers at Goodman–PTAC Division (TA-W-95,054A).
Based on a careful review of the petition, previously
submitted information, the request for reconsideration, and
additional information provided during the reconsideration
investigation, the Department determines that the subject worker
group (Goodman–PTAC Division) has met the criteria under Section
222(a) of the Trade Act.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Goodman–PTAC Division 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 acquired from a foreign country a portion of production of
articles like or directly competitive with the packaged terminal
air conditioners and residential packaged air conditioners produced
at the Fayetteville, Tennessee facility which contributed
importantly to worker group separations at Goodman–PTAC Division.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Goodman–PTAC
Division, who were engaged in employment related to the production
of packaged terminal air conditioners and residential packaged air
conditioners, 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 Goodman Company, L.P., PTAC Division,
Fayetteville Facility, Fayetteville, Tennessee (TA-W-
95,054A) who became totally or partially separated from
employment on or after August 7, 2018, through two years from
the date of this certification, and all workers in the group
threatened with total or partial separation from employment on
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 18th day of February, 2020
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-95,054A
GOODMAN COMPANY, L.P.
PTAC DIVISION
FAYETTEVILLE FACILITY
FAYETTEVILLE, TENNESSEE
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated November 26, 2019, by a union official of
the International Association of Machinists, Local 2385, requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Goodman
Company, L.P., PTAC Division, Fayetteville Facility,
Fayetteville, Tennessee. The determination has not yet been
posted to the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that the workers of
the subject firm should be eligible for Trade Adjustment Assistance
because workers were impacted by foreign imports from Mexico of
parts and components previously produced at Goodman Company, L.P.,
PTAC Division, Fayetteville Facility, Fayetteville, Tennessee and
that all lines at the plant work in tandem.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 4th of December, 2019
/s/Hope D. Kinglock
_______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-95,054
GOODMAN COMPANY, L.P.
SHEET METAL STAMPED PARTS DIVISION
FAYETTEVILLE FACILITY
FAYETTEVILLE, TENNESSEE
TA-W-95,054A
GOODMAN COMPANY, L.P.
PTAC DIVISION
FAYETTEVILLE FACILITY
FAYETTEVILLE, TENNESSEE
Determination 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(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 have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on August 8, 2019 by a state workforce office on behalf
of workers of Goodman Company, L.P., Sheet Metal Stamped Parts
Division, Fayetteville Facility, Fayetteville, Tennessee
(Goodman-Sheet Metal Stamped Parts; TA-W-95,054), and Goodman
Company, L.P., PTAC Division, Fayetteville Facility,
Fayetteville, Tennessee (Goodman-PTAC Division; TA-W-95,054A).
The worker group which comprises TA-W-95,054 is engaged in
activities related to the production of sheet metal stamped
parts, including base pans, dividers, and partition panels.
The worker group which comprises TA-W-95,054A is engaged in
activities related to the production of packaged terminal air
conditioners (PTAC) and residential packaged air conditioners.
The worker groups are separately identifiable by product line
(sheet metal stamped parts vs. air conditioners). Neither worker
group includes on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm.
The subject facility is scheduled to permanently close in
November 2019. The subject firm has an affiliated facility in
Texas, to which some production is shifting.
TA-W-95,054
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Goodman-Sheet Metal
Stamped Parts 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 production of an
article like or directly competitive with the sheet metal
stamped parts produced by the subject workers which contributed
importantly to worker group separations at Goodman-Sheet Metal
Stamped Parts.
TA-W-95,054A
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the workers' firm did not import
articles like or directly competitive with the articles
produced by Goodman-PTAC Division.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
production of packaged terminal air conditioners (PTAC) and
residential packaged air conditioners, or a like or directly
competitive article, to a foreign country or acquire the
production of such articles from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Goodman-PTAC Division is neither a
Supplier nor 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Goodman Company,
L.P., PTAC Division, Fayetteville Facility, Fayetteville,
Tennessee (TA-W-95,054A) to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
After careful review of the facts obtained in the
investigation, I determine that workers of Goodman-Sheet Metal
Stamped Parts, who are engaged in activities related to the
production of sheet metal stamped 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 Goodman Company, L.P., Sheet Metal Stamped
Parts Division, Fayetteville Facility, Fayetteville,
Tennessee (TA-W-95,054), who became totally or partially
separated from employment on or after August 7, 2018
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 28th day of October 2019.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance