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TAA Decision 85085

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,085

FEDERAL-MOGUL
POWERTRAIN - LIGHTING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM STAFF MANAGEMENT, 
AEROTEK AND KELLY SERVICES
AVILLA, INDIANA

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 February 20, 2014 by a company official on behalf of 
workers of Federal-Mogul, Powertrain - Lighting Division, 
Avilla, Indiana.  The workers' firm is engaged in activities 
related to the production of sockets, connectors, backplates, 
stampings, moldings and wire harnesses.  The worker group 
includes on-site leased workers from Staff Management, Aerotek 
and Kelly Services.  
      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 sockets, 
connectors, backplates, stampings, moldings and wire harnesses 
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 Federal-Mogul, 
Powertrain - Lighting Division, Avilla, Indiana, who are 
engaged in activities related to the production of sockets, 
connectors, backplates, stampings, moldings and wire harnesses 
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 Federal-Mogul, Powertrain - Lighting 
Division, including on-site leased workers from Staff 
Management, Aerotek and Kelly Services, Avilla, Indiana, 
who became totally or partially separated from employment 
on or after February 19, 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 18th day of March, 2014.

                                    /s/Michael W. Jaffe
                                    ______________________________
                                    MICHAEL W. JAFFE
                                    Certifying Officer, Office of 
                                    Trade Adjustment Assistance
                                    






      

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