Certified
« back to search results

TAW-72339  /  Eastman Kodak Company (Dayton, OH)

Petitioner Type: Company
Impact Date: 09/16/2008
Filed Date: 09/17/2009
Most Recent Update: 12/10/2009
Determination Date: 12/10/2009
Expiration Date: 12/10/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,339

EASTMAN KODAK COMPANY
FINANCE AND ACCOUNTING DIVISION
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
DAYTON, OHIO

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 September 17, 2009 by a company official on behalf of
workers of Eastman Kodak Company, Finance and Accounting
Division, including on-site leased workers of Adecco, Dayton,
Ohio. The workers provide finance an accounting services for
an Eastman Kodak facility that produces ink jet printers.
The investigation revealed that workers of Eastman Kodak
Company who are engaged in employment related to finance and
accounting services meet the criteria for certification.
Criterion I has been met because a significant portion of
workers have been separated over 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 finance
and accounting services to Canada and India by Eastman Kodak
Company contributed importantly to worker group separations at
Eastman Kodak Company.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eastman Kodak
Company, Finance and Accounting Division, including on-site
leased workers of Adecco, Dayton, Ohio, who are engaged in
activities related to finance and accounting 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 Eastman Kodak Company, Finance and
Accounting Division, including on-site leased workers of
Adecco, Dayton, Ohio, who became totally or partially
separated from employment on or after September 16, 2008,
through two years from the date of certification, 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 in Washington, D.C., this 10th day of December, 2009

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance