Petitioner Type: State
Impact Date: 07/22/2019
Filed Date: 07/23/2020
Most Recent Update: 03/01/2021
Determination Date: 03/01/2021
Expiration Date: 03/01/2023
Employment and Training Administration
TA-W-96,081
OVERHEAD DOOR CORPORATION
TODCO DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
SURGE AND CUSTOM STAFFING
MARION, OHIO
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(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 July 23, 2020 by a State Workforce Office on behalf of
workers and former workers of Overhead Door Corporation, TODCO
Division, including on-site leased workers from Surge and
Custom Staffing, Marion, Ohio (Overhead Door/TODCO-Marion).
Workers of Overhead Door/TODCO-Marion are engaged in activities
related to the production of rolled up doors and walk ramps
(doors and ramps). Workers are not separately identifiable by
product line. The petition alleges worker separations at
Overhead Door/TODCO-Marion are due to a shift in production to
a foreign country.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Overhead Door/TODCO-
Marion 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 a(n)
article like or directly competitive with the doors and ramps
produced by the subject workers which contributed importantly to
worker group separations at Overhead Door/TODCO-Marion.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Overhead Door/TODCO-
Marion 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 Overhead Door Corporation, TODCO Division,
including on-site leased workers from Surge and Custom
Staffing, Marion, Ohio, who became totally or partially
separated from employment on or after July 22, 2019,
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 1st day of March, 2021
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance