Petitioner Type: Company
Impact Date: 05/22/2008
Filed Date: 05/26/2009
Most Recent Update: 10/28/2009
Determination Date: 10/28/2009
Expiration Date: 10/28/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,612
HOLCIM (US), INC.
DUNDEE PLANT DIVISION
A SUBSIDIARY OF HOLCIM PARTICIPATIONS (US), INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS
DUNDEE, MICHIGAN
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 on May 26, 2009, by a company official on behalf of
workers of Holcim (US), Inc., Dundee Plant Division, a
subsidiary of Holcim Participations (US), Inc., Dundee,
Michigan (hereafter "Holcim"). The worker group produces
cement. The worker group also includes on-site independent
contractors who are under the operational control of Holcim and
engaged in activity related to the production of cement.
The investigation revealed that workers of Holcim who were
engaged in employment related to the production of cement meet
the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of workers at Holcim were separated
during January through May 2009 or are threatened with
separation.
Section 222(a)(2)(A)(i) has been met because the sales
and production of cement by Holcim decreased during the
relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with cement produced by
Holcim have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of cement contributed importantly to the
worker group separations and sales/production declines at
Holcim.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Holcim who are
engaged in employment related to the production of cement 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 Holcim (US), Inc., Dundee Plant Division,
a subsidiary of Holcim Participations (US), Inc.,
including on-site independent contractors, Dundee,
Michigan, who became totally or partially separated from
employment on or after May 22, 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 28th day of October 2009
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,612
HOLCIM (US), INC.
DUNDEE PLANT DIVISION
A SUBSIDIARY OF HOLCIM PARTICIPATIONS (US), INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS
DUNDEE, MICHIGAN
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 on May 26, 2009, by a company official on behalf of
workers of Holcim (US), Inc., Dundee Plant Division, a
subsidiary of Holcim Participations (US), Inc., Dundee,
Michigan (hereafter "Holcim"). The worker group produces
cement. The worker group also includes on-site independent
contractors who are under the operational control of Holcim and
engaged in activity related to the production of cement.
The investigation revealed that workers of Holcim who were
engaged in employment related to the production of cement meet
the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of workers at Holcim were separated
during January through May 2009 or are threatened with
separation.
Section 222(a)(2)(A)(i) has been met because the sales
and production of cement by Holcim decreased during the
relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with cement produced by
Holcim have increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of cement contributed importantly to the
worker group separations and sales/production declines at
Holcim.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Holcim who are
engaged in employment related to the production of cement 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 Holcim (US), Inc., Dundee Plant Division,
a subsidiary of Holcim Participations (US), Inc.,
including on-site independent contractors, Dundee,
Michigan, who became totally or partially separated from
employment on or after May 22, 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 28th day of October 2009
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance