Petitioner Type: State
Impact Date: 05/19/2008
Filed Date: 05/21/2009
Most Recent Update: 09/30/2009
Determination Date: 09/30/2009
Expiration Date: 09/30/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,368
ARKANSAS WAREHOUSE INC.
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND RANDSTAD
FORT SMITH, ARKANSAS
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on May 21, 2009 by a State Workforce Official on behalf of
workers of Arkansas Warehouse Inc., Fort Smith, Arkansas
(Arkansas Warehouse Inc.). The investigation revealed that the
worker group includes on-site leased workers from Kelly Services
and Randstad. Workers at the subject firm are engaged in
activities related to storage and distribution services. The
workers are not separately identifiable by services.
The investigation revealed that workers of Arkansas
Warehouse Inc., including on-site leased workers from Kelly
Services and Randstad, Fort Smith, Arkansas who are engaged in
employment related to storage and distribution services meet
the criteria as a Downstream Producer for secondary worker
certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of
Arkansas Warehouse Inc. supplied distribution services to
Whirlpool Corporation, Fort Smith, Arkansas, and workers of
Whirlpool Corporation, Fort Smith, Arkansas are covered by
certification number TA-W-64,085 issued based on the shift in
production of household appliances, and the distribution
services were related to household appliances produced by
Whirlpool Corporation, Fort Smith, Arkansas.
Criterion III has been met because the loss of business
described above by Arkansas Warehouse Inc. with Whirlpool
Corporation, Fort Smith, Arkansas contributed importantly to
the worker separations at Arkansas Warehouse Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Arkansas Warehouse
Inc., including on-site leased workers from Kelly Services and
Randstad, Fort Smith, Arkansas who are engaged in employment
related to storage and distribution services 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 Arkansas Warehouse Inc., including on-site
leased workers from Kelly Services and Randstad, Fort
Smith, Arkansas, who became totally or partially separated
from employment on or after May 19, 2008 through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the 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 30th day of September 2009
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,368
ARKANSAS WAREHOUSE INC.
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND RANDSTAD
FORT SMITH, ARKANSAS
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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on May 21, 2009 by a State Workforce Official on behalf of
workers of Arkansas Warehouse Inc., Fort Smith, Arkansas
(Arkansas Warehouse Inc.). The investigation revealed that the
worker group includes on-site leased workers from Kelly Services
and Randstad. Workers at the subject firm are engaged in
activities related to storage and distribution services. The
workers are not separately identifiable by services.
The investigation revealed that workers of Arkansas
Warehouse Inc., including on-site leased workers from Kelly
Services and Randstad, Fort Smith, Arkansas who are engaged in
employment related to storage and distribution services meet
the criteria as a Downstream Producer for secondary worker
certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of
Arkansas Warehouse Inc. supplied distribution services to
Whirlpool Corporation, Fort Smith, Arkansas, and workers of
Whirlpool Corporation, Fort Smith, Arkansas are covered by
certification number TA-W-64,085 issued based on the shift in
production of household appliances, and the distribution
services were related to household appliances produced by
Whirlpool Corporation, Fort Smith, Arkansas.
Criterion III has been met because the loss of business
described above by Arkansas Warehouse Inc. with Whirlpool
Corporation, Fort Smith, Arkansas contributed importantly to
the worker separations at Arkansas Warehouse Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Arkansas Warehouse
Inc., including on-site leased workers from Kelly Services and
Randstad, Fort Smith, Arkansas who are engaged in employment
related to storage and distribution services 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 Arkansas Warehouse Inc., including on-site
leased workers from Kelly Services and Randstad, Fort
Smith, Arkansas, who became totally or partially separated
from employment on or after May 19, 2008 through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the 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 30th day of September 2009
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance