TAA Decision 85773
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-85,773 JOHNSON CONTROLS, INC. GLOBAL WORKPLACE SOLUTIONS INCLUDING ON-SITE LEASED WORKERS FROM ADECCO HOLLAND, MICHIGAN 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 January 21, 2015 on behalf of workers of Johnson Controls, Inc., Global Workplace Solutions, Holland, Michigan. The workers' firm is engaged in activities related to the production of compressors, vessels, and associated articles. The worker group supplies administrative and facility management support activities for Johnson Controls manufacturing sites. The worker group includes on-site leased worker from Adecco. During the course of the investigation, information was collected from the workers' firm and the petitioners. 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 articles 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 Johnson Controls, Inc., Global Workplace Solutions, including on-site leased workers from Adecco, Holland, Michigan, who are engaged in activities related to administrative and facility management support for Johnson Controls manufacturing sites, 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 Johnson Controls, Inc., Global Workplace Solutions, including on-site leased workers from Adecco, Holland, Michigan, who became totally or partially separated from employment on or after January 20, 2014, 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 12th day of February, 2015 /s/Michael W. Jaffe ______________________________ MICHAEL W. JAFFE Certifying Officer, Office of Trade Adjustment Assistance