Certified
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TAW-70765  /  Nova Chemicals Inc (Monaca, PA)

Petitioner Type: Union
Impact Date: 05/20/2008
Filed Date: 05/29/2009
Most Recent Update: 11/03/2009
Determination Date: 11/03/2009
Expiration Date: 11/03/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,765

NOVA CHEMICALS, INC.
PERFORMNCE STYRENICS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ALLIED BARTON SECURITY,
LAB SUPPORT, MANPOWER, AND VENTURI STAFFING
MONACA, PENNSYLVANIA

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 29, 2009 by United Steelworkers Local 10-74 on
behalf of workers of NOVA Chemicals, Inc., Performance
Styrenics Division, Monaca, Pennsylvania. The worker group
includes on-site leased workers from Allied Barton Security,
Lab Support, Manpower, and Venturi Staffing. Workers are
engaged in the production of plastic materials and resins.
The investigation revealed that workers at the subject
firm, who are engaged in employment related to the production of
plastics materials and resins, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
proportion of workers have become separated from employment
during the period under investigation.
Section 222(a)(2)(A)(i) has been met because the sales
and production of the subject firm decreased during the period
under investigation.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with plastic
materials and resins produced by the subject firm have
increased during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of plastic
materials and resin in 2007, 2008, and January through June,
2008/2009. The survey revealed customers increased their
reliance on imports of articles like or directly competitive
with plastic materials and resins produced by the subject
firm.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of plastic materials and resins by
customers contributed importantly to the worker group
separations and sales/production declines at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NOVA Chemicals, Inc.,
Performance Styrenics Division, including on-site leased
workers from Allied Barton Security, Lab Support, Manpower,
and Venturi Staffing, Monaca, Pennsylvania 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 NOVA Chemicals, Inc., Performance Styrenics
Division, including on-site leased workers from Allied
Barton Security, Lab Support, Manpower, and Venturi
Staffing, Monaca, Pennsylvania, who became totally or
partially separated from employment on or after May 20,
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 3rd day of November, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance