DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,617

BAYER MATERIALSCIENCE, LLC
A SUBSIDIARY OF BAYER CORPORATION
INCLUDING ON-SITE LEASED WORKERS
FROM BELCAN
NEW MARTINSVILLE, WEST VIRGINIA

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 27, 2009, by the International Chemical Workers
Union, Local 566C on behalf of workers of Bayer
MaterialScience, LLC, a subsidiary of Bayer Corporation, New
Martinsville, West Virginia. The workers produce dispersions,
polyaspartics, polyesters, isocyanates, polyols, and
thermoplastic resins. The worker group includes on-site
leased workers from Belcan.
The investigation revealed that workers of Bayer
MaterialScience who are engaged in employment related to the
production of dispersions, polyaspartics, polyesters,
isocyanates, polyols, and thermoplastic resins meet the
criteria for certification.
Criterion I has been met because at least five percent of
the workers became separated from employment during the
relevant period.
Criterion II has been satisfied because the workers' 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 in
production of dispersions, polyaspartics, polyesters,
isocyanates, polyols, and thermoplastic resins to Germany and
Spain by Bayer MaterialScience contributed importantly to
worker group separations at the New Martinsville, West
Virginia facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bayer
MaterialScience, LLC, a subsidiary of Bayer Corporation,
including on-site leased workers from Belcan, New
Martinsville, West Virginia, who are engaged in employment
related to the production of dispersions, polyaspartics,
polyesters, isocyanates, polyols, and thermoplastic resins
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 Bayer MaterialScience, LLC, a subsidiary
of Bayer Corporation, New Martinsville, West Virginia, 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 22nd day of October, 2009

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance