Petitioner Type: Company
Impact Date: 12/02/2020
Filed Date: 12/03/2021
Most Recent Update: 03/01/2022
Determination Date: 03/01/2022
Expiration Date: 03/01/2024
Employment and Training Administration
TA-W-98,136
TENNECO INC.
DRIV, PERFORMANCE SOLUTIONS, RIDE CONTROL DIVISION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
DRIV AUTOMOTIVE INC.
KETTERING, OHIO
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
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 Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated December 2, 2021, and
filed on December 3, 2021, by a Company Official, on behalf of
former workers of Tenneco Inc., DRiV, Performance Solutions, Ride
Control division, including workers whose wages were reported
under DRiV Automotive Inc., Kettering, Ohio (hereafter referred
to as the "worker group"). In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers."
The worker group is engaged in activities related to the
production of shocks and struts utilized by car manufacturers
during the vehicle assembly process.
The petitioner alleges that worker separations, or threats
thereof, were due to "Tenneco is ceasing the manufacturing of
shocks and struts at the Kettering Ohio facility. The shocks and
struts manufacturing jobs will be transferred to a Tenneco
location in Celaya Mexico. The Kettering Ohio facility will shut
down."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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 investigation
revealed a shift in production of shocks and struts to a foreign
country that is party to a free trade agreement with the United
States.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department 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.
The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tenneco Inc., DRiV,
Performance Solutions, Ride Control division, including workers
whose wages were reported under DRiV Automotive Inc., Kettering,
Ohio, who are engaged in activities related to the production of
shock and struts utilized by car manufacturers during the vehicle
assembly process, 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 Tenneco Inc., DRiV, Performance Solutions,
Ride Control division, including workers whose wages were
reported under DRiV Automotive Inc., Kettering, Ohio, who
became totally or partially separated from employment on or
after December 2, 2020, 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 I further determine that all workers of
Tenneco Inc., DRiV, Performance Solutions, Ride Control
division, including workers whose wages were reported under
DRiV Automotive Inc., Kettering, Ohio, are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 1st day of March, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance