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TAW-71045  /  Bayer Material Science, LLC (Berlin, CT)

Petitioner Type: State
Impact Date: 06/05/2008
Filed Date: 06/08/2009
Most Recent Update: 01/08/2010
Determination Date: 01/08/2010
Expiration Date: 01/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,045

BAYER MATERIAL SCIENCE, LLC
FORMALLY KNOWN AS SHEFFIELD PLASTICS
INCLUDING ON-SITE LEASED WORKERS
FROM RANDSTADT WORK SOLUTIONS
BERLIN, CONNECTICUT

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 January 8th, 2010, applicable to workers of Bayer
Material Science, LLC, formally known as Sheffield Plastics,
including on-site leased workers from Randstadt Work Solutions,
Berlin, Connecticut. The notice was published in the Federal
Register on January 25, 2010 (75 FR 3934).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
produced polycarbonate film products.
Information shows that Bayer Material Science, LLC was
formally known as Sheffield Plastics. Some workers separated
from employment at the subject firm had their wages reported
under two separate unemployment insurance (UI) tax account under
the name Bayer Material Science, LLC, formally known as Sheffield
Plastics.
Accordingly, the Department is amending this certification
to property reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in production of polycarbonate film products to Thailand.
The amended notice applicable to TA-W-71,045 is hereby
issued as follows:
"All workers of Bayer Material Science, LLC, formally
known as Sheffield Plastics, including on-site leased
workers from Randstadt Work Solutions, Berlin,
Connecticut, who became totally or partially separated
from employment on or after June 5, 2008 through
January 8, 2012, 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 at Washington, D.C. this 22nd day of March 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-71,045

BAYER MATERIAL SCIENCE, LLC
INCLUDING ON-SITE TEMPORARY WORKERS FROM RANDSTADT
BERLIN, CONNECTICUT

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 are 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 June 8, 2009 on behalf of workers of Bayer Material
Science, LLC, Berlin, Connecticut. The workers produce
polycarbonate film products. The worker group includes on-site
leased workers from Randstadt.
The investigation revealed that workers of Bayer Material
Science, who are engaged in employment related to production of
polycarbonate film products meet the criteria for certification.
Criterion I has been met because a significant proportion of
the workers in the workers’ firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because there has been a
shift by the workers’ firm to Thailand in the production of
articles like or directly competitive with the polycarbonate film
products produced by the workers.
Criterion III has been met because the shift in production
by Bayer Material Science contributed importantly to worker group
separations at the Berlin, Connecticut facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bayer Material Science,
LLC, Berlin, Connecticut, who are engaged in employment related to
production of polycarbonate film products 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 Material Science, LLC, including on-site
leased workers from Randstadt, Berlin, Connecticut, who became
totally or partially separated from employment on or after
June 5, 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 8th day of January, 2010


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




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