DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,585

WHIRLPOOL CORPORATION
EVANSVILLE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ANDREWS INTERNATIONAL, INC., M.H. EQUIPMENT
AND KENCO LOGISTICS SERVICES, LLC
EVANSVILLE, INDIANA

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 19, 2010, applicable to workers of
Whirlpool Corporation, Evansville Division, Evansville, Indiana.
The notice was published in the Federal Register on March 5, 2010
(75 FR 10321). The notice was amended on May 25, 2010 to include
on-site leased workers from Andrews International, Inc. The
notice was published on the Federal Register on June 7, 2010 (75
FR 32221).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of top
freezer refrigerators and residential ice makers.
The company reports that workers leased from MH Equipment
and Kenco Logistics Services, LLC, were employed on-site at the
Evansville, Indiana location of Whirlpool Corporation, Evansville
Division. The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from MH Equipment and
Kenco Logistics Services, LLC working on-site at the Evansville,
Indiana location of Whirlpool, Evansville Division.
The intent of the Department’s certification is to include
all workers employed at Whirlpool Corporation, Evansville
Division, Evansville, Indiana who were adversely affected by a
shift in production of top freezer refrigerators and residential
ice makers to Mexico.


The amended notice applicable to TA-W-72,585 is hereby
issued as follows:
"All workers of Whirlpool Corporation, Evansville
Division, including on-site leased workers from Andrews
International, Inc., Kenco Logistics Services, LLC and
MH Equipment, Evansville, Indiana, who became totally
or partially separated from employment on or after
December 6, 2008, through January 19, 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 30th day of June 2010.


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,585

WHIRLPOOL CORPORATION
EVANSVILLE DIVISION
EVANSVILLE, INDIANA

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. (Set forth in 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 a company official on behalf of
workers of Whirlpool Corporation, Evansville Division, Evansville,
Indiana (Whirlpool Evansville). The workers are engaged in
activities related to the production of top freezer refrigerators
and residential ice makers. The workers are not separately
identifiable by products produced. Also, the workers were under an
existing certification (TA-W-60,417) that expired on December 5,
2008.
The investigation revealed that workers of Whirlpool
Evansville who are engaged in activities related to the
production of top freezer refrigerators and residential ice makers
meet the criteria for certification.
Criterion I has been met because a significant proportion of
workers in the workers’ firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because the firm is in the
process of shifting production of top freezer refrigerators and
residential ice makers by Whirlpool Evansville to Mexico.
Criterion III has been met because the shift in production of
top freezer refrigerators and residential ice makers by Whirlpool
Evansville to Mexico is contributing importantly to worker group
separations at Whirlpool Evansville.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
Evansville Division, Evansville, Indiana, who are engaged in
activities related to production of top freezer refrigerators and
residential ice makers, 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 Whirlpool Corporation, Evansville Division,
Evansville, Indiana, who became totally or partially separated
from employment on or after December 6, 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 19th day of January, 2010

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



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