DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,221

WACKER CHEMICAL CORPORATION
WACKER POLYMERS DIVISION
A SUBSIDIARY OF WACKER CHEMIE AG
INCLUDING ON-SITE LEASED WORKERS FROM
ON-BOARD SERVICES, INC., ACTION MECHANICAL CONTRACTORS,
AMBIENT ELECTRICAL CONTRACTING, INC. AND YOH MANAGED STAFFING
SOUTH BRUNSWICK, NEW JERSEY

TA-W-70,221A

WACKER CHEMICAL CORPORATION
WACKER POLYMERS DIVISION
A SUBSIDIARY OF WACKER CHEMIE AG
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
ALLENTOWN, PENNSYLVANIA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on July 16, 2009, applicable to workers of Wacker
Chemical Corporation, Wacker Polymers Division, a subsidiary of
Wacker Chemie AG, including on-site leased workers from Wycoff
Group, d/b/a Snelling Staffing and BSS, South Brunswick, New
Jersey. The notice was published in the Federal Register on
September 2, 2009 (74 FR 45476).
At the request of the Company, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in the production of wet emulsion used in the
construction industry, such as adhesives, paints, caulks, grouts
and paper products.
The company reports that worker separations occurred at the
Allentown, Pennsylvania location of the Wacker Polymers Division
of Wacker Chemical Corporation. The Allentown, Pennsylvania
location provided R&D, application support, tech service,
business support functions (sales) service functions for the
subject firms’ production facility in South Brunswick, New
Jersey.
Based on these findings, the Department is amending this
certification to include workers of the Wacker Chemical
Corporation, Wacker Polymer Division, Allentown, Pennsylvania.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the shift in production of wet emulsions used in the construction
industry, such as adhesive, paints, caulks, grouts and paper
products to Germany and China.
The amended notice applicable to TA-W-70,221 is hereby
issued as follows:
"All workers of Wacker Chemical Corporation, Wacker
Polymer Division, a subsidiary of Wacker Chemie AG,
including on-site leased workers from On-Board
Services, Inc., Action Mechanical Contractors, Ambient
Electrical Contracting, Inc. and Yoh Managed Staffing
South Brunswick, New Jersey (TA-W-70,221) and Wacker
Chemical Corporation, Wacker Polymer Division,
including on-site leased workers from Manpower,
Allentown, Pennsylvania (TA-W-70,221A), who became
totally or partially separated from employment on or
after May 18, 2008, through July 16, 2011, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
through July 16, 2011, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of
the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 28th day of January 2010

/s/ Michael W. Jaffe

__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,221

WACKER CHEMICAL CORPORATION
WACKER POLYMERS DIVISION
A SUBSIDIARY OF WACKER CHEMIE AG
INCLUDING ON-SITE LEASED WORKERS FROM
WYCOFF GROUP DBA SNELLING STAFFING, AND BSS
SOUTH BRUNSWICK, NEW JERSEY

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(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
(i)(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.

III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers’ separation or
threat of separation. See Section 222(a)(2)(B)(ii) of the
Act, 19 U.S.C. § 2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed May 19, 2009, on behalf of workers of Wacker Chemical
Corporation, Wacker Polymers Division, a subsidiary of Wacker
Chemie AG, South Brunswick, New Jersey (Wacker Polymers). The
workers produce wet emulsions used in the construction industry
such as adhesives, paints, caulks, grouts, and paper products.
The investigation revealed that workers of Wacker Polymers
who are engaged in employment related to the production of wet
emulsions meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers were separated from employment during the partial
year period of January through April 2009 compared with the same
period of 2008.
Criterion II has been satisfied because the worker’s firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift of wet
emulsions to China and Germany by Wacker Polymers contributed
importantly to worker group separations at Wacker Polymers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Wacker Chemical
Corporation, Wacker Polymers Division, a subsidiary of Wacker
Chemie AG, South Brunswick, New Jersey, who are engaged in
employment related to the production of wet emulsion 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 Wacker Chemical Corporation, Wacker Polymers
Division, a subsidiary of Wacker Chemie AG, including on-site
leased workers from Wycoff Group dba Snelling Staffing, South
Brunswick, New Jersey, who became totally or partially
separated from employment on or after May 18, 2008, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on 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 16th day of July, 2009

/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance





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