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TAW-72575  /  Dell Products LP (Winston Salem, NC)

Petitioner Type: Workers
Impact Date: 10/13/2008
Filed Date: 10/14/2009
Most Recent Update: 03/01/2010
Determination Date: 03/01/2010
Expiration Date: 03/01/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,575

DELL PRODUCTS LP
WINSTON-SALEM (WS-1) DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO, SPHERION, PATRIOT STAFFING, MANPOWER, TEKSYSTEMS,
APN, ICONMA, STAFFING SOLUTIONS, SOUTH EAST,
OMNI RESOURCES AND RECOVERY, SECURAMERICA, LLC,
INDUSTRIAL DISTRIBUTION GROUP (IDG), LLC,
ARM AUTOMATION, INC., SEATON CORPORATION,
FOXCONN/PCE TECHNOLOGY, INC. AND
SELECT STAFFING, ALSO KNOWN AS REAL TIME STAFFING
WINSTON-SALEM, NORTH CAROLINA

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 March 1, 2010, applicable to workers of Dell
Products LP, Winston-Salem (WS-1) Division, including on-site
leased workers from Adecco, Spherion, Patriot Staffing, Manpower,
TEKsystems, APN and ICONMA, Winston-Salem, North Carolina. The
workers are engaged in employment related to the production of
desktop computers.
The notice was published in the Federal Register on April
23, 2010 (75 FR 21361). The notices were amended on March 30,
2010, August 31, 2010, November 18, 2010 and January 4, 2011 to
include on-site leased workers from Staffing Solutions, South
East, and Omi Resources and Recovery, SecurAmerica, LLC,
Industrial Distribution Group (IDG), LLC, ARM Automation, Inc.,
and Seaton Corporation and Foxconn/PCE Technology, Inc. The
notices were published on the Federal Register on April 19, 2010
(75 FR 20385), September 13, 2010 (75 FR 55614), December 7, 2010
(75 FR 76040), and January 14, 2011 (76 FR 2710) respectively.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm.
New information shows that workers leased from Select
Staffing, also known as Real Time Staffing were employed on-site
at the Winston-Salem, North Carolina location of Dell Products
LP, Winston-Salem (WS-1) Division. The Department has determined
that on-site workers from Select Staffing, also known as Real
Time Staffing were sufficiently under the control of the subject
firm to be covered by this certification.
Based on these findings, the Department is amending this
certification to include workers leased from Select Staffing,
also known as Real Time Staffing working on-site at the Winston-
Salem, North Carolina location of Dell Products LP, Winston-Salem
(WS-1) Division.


The amended notice applicable to TA-W-72,575 is hereby issued as
follows:
"All workers of Dell Products LP, Winston-Salem (WS-1)
Division, including on-site leased workers of Adecco,
Spherion, Patriot Staffing, Manpower, TEKsystems, APN,
ICONMA, and Staffing Solutions, South East, Omni
Resources and Recovery, SecurAmerica, LLC, Industrial
Distribution Group (IDG), LLC, ARM Automation, Inc.,
Seaton Corporation, Foxconn/PCE Technology, Inc., and
Select Staffing, also known as Real Time Staffing,
Winston-Salem, North Carolina, who became totally or
partially separated from employment on or after October
13, 2008 through March 1, 2012, 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 at Washington, D.C. this 1st day of April, 2011

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,575

DELL PRODUCTS LP
WINSTON-SALEM (WS-1) DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO, SPHERION, PATRIOT STAFFING, MANPOWER, TEKSYSTEMS,
APN, ICONMA, STAFFING SOLUTIONS, SOUTH EAST,
OMNI RESOURCES AND RECOVERY, SECURAMERICA, LLC,
INDUSTRIAL DISTRIBUTION GROUP (IDG), LLC,
ARM AUTOMATION, INC., AND SEATON CORPORATION
WINSTON-SALEM, NORTH CAROLINA

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 March 1, 2010, applicable to workers of Dell
Products LP, Winston-Salem (WS-1) Division, including on-site
leased workers from Adecco, Spherion, Patriot Staffing, Manpower,
TEKsystems, APN and ICONMA, Winston-Salem, North Carolina. The
notice was published in the Federal Register on April 23, 2010
(75 FR 21361). The notices were amended on March 30, 2010 and
August 31, 2010 to include on-site leased workers from Staffing
Solutions, South East and Omi Resources and Recovery. The
notices were published on the Federal Register on April 19, 2010
(75 FR 20385) and September 13, 2010 (75 FR 55614), respectively.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in employment related to the production of desktop
computers.
New information shows that workers leased from SecurAmerica,
LLC, Industrial Distribution Group (IDG), LLC, ARM Automation,
Inc., and Seaton Corporation were employed on-site at the
Winston-Salem, North Carolina location of Dell Products LP,
Winston-Salem (WS-1) Division. The Department has determined
that on-site workers from SecurAmerica, LLC, Industrial
Distribution Group (IDG), LLC, and ARM Automation, Inc. were
sufficiently under the control of the subject firm to be covered
by this certification.
Based on these findings, the Department is amending this
certification to include workers leased from SecurAmerica, LLC,
Industrial Distribution Group (IDG), LLC, ARM Automation, Inc.,
and Seaton Corporation working on-site at the Winston-Salem,
North Carolina location of Dell Products LP, Winston-Salem (WS-1)
Division.



The amended notice applicable to TA-W-72,575 is hereby
issued as follows:
"All workers of Dell Products LP, Winston-Salem (WS-1)
Division, including on-site leased workers of Adecco,
Spherion, Patriot Staffing, Manpower, TEKsystems, APN,
ICONMA, and Staffing Solutions, South East, Omni
Resources and Recovery, SecurAmerica, LLC, Industrial
Distribution Group (IDG), LLC, ARM Automation, Inc.,
and Seaton Corporation, Winston-Salem, North Carolina,
who became totally or partially separated from
employment on or after October 13, 2008 through March
1, 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 18th day of November 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-72,575

DELL PRODUCTS LP
WINSTON-SALEM (WS-1) DIVISION
INCLUDING ON-SITE LEASED WORKERS OF ADECCO, SPHERION, PATRIOT
STAFFING, MANPOWER, TEKSYSTEMS, APN, AND ICONMA
WINSTON-SALEM, NORTH CAROLINA

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 October 14, 2009 by three workers on behalf of workers of
Dell Products LP, Winston-Salem Division, Winston-Salem, North
Carolina. The workers are engaged in employment related to the
production of desktop computers. The workers are not separately
identifiable by product line. The worker group also includes on-
site leased workers of Adecco, Spherion, Patriot Staffing,
Manpower, TEKsystems, APN, and ICONMA.
The investigation revealed that workers of Dell Products LP
who are engaged in employment related to the production of
desktop computers, meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers have become separated at the Winston-Salem, North
Carolina location during the relevant period.
Criterion II has been met because the workers’ firm is
shifting production to a foreign country of articles like or
directly competitive with the articles produced by the workers’
firm at the Winston-Salem, North Carolina location.
Criterion III has been met because the shift in production
to Mexico by Dell Products LP contributed importantly to worker
separations at the Winston-Salem, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dell Products LP,
Winston-Salem Division, including on-site leased workers of Adecco,
Spherion, Patriot Staffing, Manpower, TEKsystems, APN, and ICONMA,
Winston-Salem, North Carolina, 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 Dell Products LP, Winston-Salem Division,
including on-site leased workers of Adecco, Spherion, Patriot
Staffing, Manpower, TEKsystems, APN, and ICONMA, Winston-
Salem, North Carolina, who became totally or partially
separated from employment on or after October 13, 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 1st day of March, 2010


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




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