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TAW-71476  /  Lyondellbasell Advanced Polydefins, Inc. (Mansfield, TX)

Petitioner Type: Company
Impact Date: 06/18/2008
Filed Date: 06/30/2009
Most Recent Update: 10/20/2009
Determination Date: 10/20/2009
Expiration Date: 10/20/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,476

LYONDELLBASELL ADVANCED POLYDEFINS INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK COMMERCIAL
STAFFING AND ROBERT HALF MANAGEMENT RESOURCES
MANSFIELD, TEXAS

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 LyondellBasell
Advanced Polydefins, Inc., Mansfield, Texas (LyondellBasell).
The workers produce plastic for car parts. The worker group
includes on-site leased workers from Aerotek Commercial Staffing
and Robert Half Management Resources.
The investigation revealed that workers of LyondellBasell
who are engaged in employment related to production of plastic
meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated 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 plastic to Mexico by LyondellBasell contributed importantly
to worker group separations at the Mansfield, Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of LyondellBasell
Advanced Polydefins, Inc., including on-site leased workers
from Aerotek Commercial Staffing and Robert Half Management
Resources, Mansfield, Texas, who are engaged in employment
related to production of plastic for car parts 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 LyondellBasell Advanced Polydefins, Inc.,
including on-site leased workers from Aerotek Commercial
Staffing and Robert Half Management Resources, Mansfield,
Texas, who became totally or partially separated from
employment on or after June 18, 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 20th day of October, 2009


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