Petitioner Type: Company
Impact Date: 09/06/2005
Filed Date: 09/07/2006
Most Recent Update: 09/26/2006
Determination Date: 09/26/2006
Expiration Date: 09/26/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,017
KIMBERLY-CLARK CORPORATION
KIMBERLY-CLARK GLOBAL SALES, INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF
KIMBERLY-CLARK CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
HEWLETT PACKARD
NEENAH, WISCONSIN
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on September 26, 2006,
applicable to workers of Kimberly-Clark Corporation, Kimberly-
Clark Global Sales, Inc., a wholly owned subsidiary of Kimberly-
Clark Corporation, Neenah, Wisconsin. The notice was published
in the Federal Register on October 16, 2006 (71 FR 60762).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in support activities for affiliated plants engaged in
the production of disposable diapers, pull-ups and wipes.
New information shows that leased workers of Hewlett Packard
were employed on-site at the Neenah, Wisconsin location of
Kimberly-Clark Corporation, Kimberly-Clark Global Sales, Inc., a
wholly owned subsidiary of Kimberly-Clark Corporation. The
Department has determined that these workers were sufficiently
under the control of Kimberly-Clark Corporation, Kimberly-Clark
Global Sales, Inc., a wholly owned subsidiary of Kimberly-Clark
Corporation to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Hewlett Packard
working on-site at the Neenah, Wisconsin location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Kimberly-Clark Corporation, Kimberly-
Clark Global Sales, Inc., a wholly owned subsidiary of Kimberly-
Clark Corporation, Neenah, Wisconsin who were adversely-impacted
by a shift in production of disposable diapers, pull-ups and
wipes to Mexico.
The amended notice applicable to TA-W-60,017 is hereby
issued as follows:
"All workers of Kimberly-Clark Corporation, Kimberly-
Clark Global Sales, Incorporated, a wholly owned
subsidiary of Kimberly-Clark Corporation, including on-
site leased workers of Hewlett Packard, Neenah,
Wisconsin, who became totally or partially separated
from employment on or after September 6, 2005 through
September 26, 2008, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 8th day of February 2008
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,017
KIMBERLY-CLARK CORPORATION
KIMBERLY-CLARK GLOBAL SALES, INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF
KIMBERLY-CLARK CORPORATION
NEENAH, WISCONSIN
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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on September 7, 2006 and filed by a company official on
behalf of workers at Kimberly-Clark Corporation, Kimberly-Clark
Global Sales, Incorporated, a wholly owned subsidiary of
Kimberly-Clark Corporation, Neenah, Wisconsin. The workers were
engaged in support activities for affiliated plants engaged in
the production of disposable diapers, pull-ups and wipes.
The investigation revealed that employment at the Kimberly-
Clark Corporation, Kimberly-Clark Global Sales, Incorporated, a
wholly owned subsidiary of Kimberly-Clark Corporation, Neenah,
Wisconsin declined during the relevant period.
The investigation further revealed that the subject location
supported production at Kimberly-Clark Corporation, Lakeview
Plant, Neenah, Wisconsin. Workers of the Lakeview Plant were
certified eligible to apply for trade adjustment assistance on
September 5, 2006, under petition number TA-W-59,844. The plant
was certified on the basis of a shift of production to Mexico.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, 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.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the subject facility are
over age 50 and do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Mexico of
articles that are like or directly competitive with those
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Kimberly-Clark Corporation, Kimberly-Clark
Global Sales, Incorporated, a wholly owned subsidiary of
Kimberly-Clark Corporation, Neenah, Wisconsin who became
totally or partially separated from employment on or after
September 6, 2005 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 26th day of September, 2006.
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-60,017
KIMBERLY-CLARK CORPORATION
KIMBERLY-CLARK GLOBAL SALES, INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF
KIMBERLY-CLARK CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
HEWLETT PACKARD
NEENAH, WISCONSIN
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on September 26, 2006,
applicable to workers of Kimberly-Clark Corporation, Kimberly-
Clark Global Sales, Inc., a wholly owned subsidiary of Kimberly-
Clark Corporation, Neenah, Wisconsin. The notice was published
in the Federal Register on October 16, 2006 (71 FR 60762).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in support activities for affiliated plants engaged in
the production of disposable diapers, pull-ups and wipes.
New information shows that leased workers of Hewlett Packard
were employed on-site at the Neenah, Wisconsin location of
Kimberly-Clark Corporation, Kimberly-Clark Global Sales, Inc., a
wholly owned subsidiary of Kimberly-Clark Corporation. The
Department has determined that these workers were sufficiently
under the control of Kimberly-Clark Corporation, Kimberly-Clark
Global Sales, Inc., a wholly owned subsidiary of Kimberly-Clark
Corporation to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Hewlett Packard
working on-site at the Neenah, Wisconsin location of the subject
firm.
The intent of the Department’s certification is to include
all workers employed at Kimberly-Clark Corporation, Kimberly-
Clark Global Sales, Inc., a wholly owned subsidiary of Kimberly-
Clark Corporation, Neenah, Wisconsin who were adversely-impacted
by a shift in production of disposable diapers, pull-ups and
wipes to Mexico.
The amended notice applicable to TA-W-60,017 is hereby
issued as follows:
"All workers of Kimberly-Clark Corporation, Kimberly-
Clark Global Sales, Incorporated, a wholly owned
subsidiary of Kimberly-Clark Corporation, including on-
site leased workers of Hewlett Packard, Neenah,
Wisconsin, who became totally or partially separated
from employment on or after September 6, 2005 through
September 26, 2008, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 8th day of February 2008
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,017
KIMBERLY-CLARK CORPORATION
KIMBERLY-CLARK GLOBAL SALES, INCORPORATED
A WHOLLY OWNED SUBSIDIARY OF
KIMBERLY-CLARK CORPORATION
NEENAH, WISCONSIN
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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on September 7, 2006 and filed by a company official on
behalf of workers at Kimberly-Clark Corporation, Kimberly-Clark
Global Sales, Incorporated, a wholly owned subsidiary of
Kimberly-Clark Corporation, Neenah, Wisconsin. The workers were
engaged in support activities for affiliated plants engaged in
the production of disposable diapers, pull-ups and wipes.
The investigation revealed that employment at the Kimberly-
Clark Corporation, Kimberly-Clark Global Sales, Incorporated, a
wholly owned subsidiary of Kimberly-Clark Corporation, Neenah,
Wisconsin declined during the relevant period.
The investigation further revealed that the subject location
supported production at Kimberly-Clark Corporation, Lakeview
Plant, Neenah, Wisconsin. Workers of the Lakeview Plant were
certified eligible to apply for trade adjustment assistance on
September 5, 2006, under petition number TA-W-59,844. The plant
was certified on the basis of a shift of production to Mexico.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, 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.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the subject facility are
over age 50 and do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Mexico of
articles that are like or directly competitive with those
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Kimberly-Clark Corporation, Kimberly-Clark
Global Sales, Incorporated, a wholly owned subsidiary of
Kimberly-Clark Corporation, Neenah, Wisconsin who became
totally or partially separated from employment on or after
September 6, 2005 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974, and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 26th day of September, 2006.
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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