Petitioner Type: Workers
Impact Date: 06/29/2008
Filed Date: 06/30/2009
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-71,475
AKZO NOBEL COATINGS, INC.
CAR REFINISHES N.A./COLOR DIVISION
A SUBSIDIARY OF AKZO NOBEL, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM ADECCO EMPLOYMENT SERVICES,
KELLY SERVICES, INC., AND LAB SUPPORT
TROY, 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 June 30, 2009, on behalf of workers of Akzo Nobel
Coatings, Inc., Car Refinishes N.A./Color division, a
subsidiary of Akzo Nobel, Inc., Troy, Michigan (Akzo Nobel).
The workers provide chemical research and development
laboratory services. The worker group includes on-site leased
workers from Adecco Employment Services, Kelly Services, Inc.,
and Lab Support.
The investigation revealed that workers of Akzo Nobel who
are engaged in employment related to providing chemical
research and development laboratory services meet the criteria
for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with total or partial separation
during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of chemical
research and development laboratory services to Mexico by Akzo
Nobel contributed importantly to worker group separations at
the Troy, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Akzo Nobel Coatings,
Inc., Car Refinishes N.A./Color division, a subsidiary of Akzo
Nobel, Inc., including on-site leased workers from Adecco
Employment Services, Kelly Services, Inc., and Lab Support,
Troy, Michigan, who are engaged in employment related to
providing chemical research and development laboratory
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 Akzo Nobel Coatings, Inc., Car Refinishes
N.A./Color division, a subsidiary of Akzo Nobel, Inc.,
including on-site leased workers from Adecco Employment
Services, Kelly Services, Inc., and Lab Support, Troy,
Michigan, who became totally or partially separated from
employment on or after June 29, 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/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,475
AKZO NOBEL COATINGS, INC.
CAR REFINISHES N.A./COLOR DIVISION
A SUBSIDIARY OF AKZO NOBEL, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM ADECCO EMPLOYMENT SERVICES,
KELLY SERVICES, INC., AND LAB SUPPORT
TROY, 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 June 30, 2009, on behalf of workers of Akzo Nobel
Coatings, Inc., Car Refinishes N.A./Color division, a
subsidiary of Akzo Nobel, Inc., Troy, Michigan (Akzo Nobel).
The workers provide chemical research and development
laboratory services. The worker group includes on-site leased
workers from Adecco Employment Services, Kelly Services, Inc.,
and Lab Support.
The investigation revealed that workers of Akzo Nobel who
are engaged in employment related to providing chemical
research and development laboratory services meet the criteria
for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with total or partial separation
during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of chemical
research and development laboratory services to Mexico by Akzo
Nobel contributed importantly to worker group separations at
the Troy, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Akzo Nobel Coatings,
Inc., Car Refinishes N.A./Color division, a subsidiary of Akzo
Nobel, Inc., including on-site leased workers from Adecco
Employment Services, Kelly Services, Inc., and Lab Support,
Troy, Michigan, who are engaged in employment related to
providing chemical research and development laboratory
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 Akzo Nobel Coatings, Inc., Car Refinishes
N.A./Color division, a subsidiary of Akzo Nobel, Inc.,
including on-site leased workers from Adecco Employment
Services, Kelly Services, Inc., and Lab Support, Troy,
Michigan, who became totally or partially separated from
employment on or after June 29, 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/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance