Petitioner Type: Company
Impact Date: 11/05/2008
Filed Date: 11/06/2009
Most Recent Update: 01/08/2010
Determination Date: 01/08/2010
Expiration Date: 01/08/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,778
KENCO LOGISTIC SERVICES, LLC
ELECTROLUX WEBSTER CITY
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION STAFFING SERVICES AND MANPOWER
WEBSTER CITY, IOWA
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 8, 2010, applicable to workers of Kenco
Logistic Services, LLC, Electrolux Webster City, including on-
site leased workers of Spherion Staffing Services, Webster City,
Iowa. The notice was published in the Federal Register on
February 16, 2010 (75 FR 7037).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
provided third party logistic services for the Electrolux,
Webster City, Iowa.
The company reports that workers leased from Manpower were
employed on-site at the Webster City, Iowa location of Kenco
Logistic Services, LLC, Electrolux Webster City. 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 Manpower working on-
site at the Webster City, Iowa location of Kenco Logistic
Services, LLC, Electrolux Webster City.
The amended notice applicable to TA-W-72,778 is hereby
issued as follows:
"All workers of Kenco Logistic Services, LLC,
Electrolux Webster City, including on-site leased
workers from Spherion Staffing Services and Manpower,
Webster City, Iowa, who became totally or partially
separated from employment on or after November 5th,
2008, through January 8, 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 in Washington, D.C. this 19th day of April 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-72,778
KENCO LOGISTIC SERVICES, LLC
ELECTROLUX WEBSTER CITY
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION STAFFING SERVICES
WEBSTER CITY, IOWA
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 November 6, 2009 on behalf of workers of Kenco Logistic
Services, LLC, Electrolux Webster City, Webster City, Iowa. The
workers provided third party logistic services. The worker group
includes on-site leased workers from Spherion Staffing Services.
The investigation revealed that workers of Kenco Logistic
Services meet the criteria for certification.
Criterion I has been met because a significant number of
workers were separated during the relevant period.
Criterion II has been satisfied because Kenco Logistic
Services has shifted to a foreign country the production of
articles like or directly competitive with the articles produced
by the workers’ firm.
Criterion III has been met because the shift in production
to Mexico by the firm contributed importantly to worker group
separations at the Webster City, Iowa facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kenco Logistic Services,
LLC, Electrolux Webster City, Webster City, Iowa, who are engaged
in employment related to third party logistic 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 Kenco Logistic Services, LLC, Electrolux
Webster City, including on-site leased workers from Spherion
Staffing Services, Webster City, Iowa who became totally or
partially separated from employment on or after the November
5, 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 8th day of January, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-72,778
KENCO LOGISTIC SERVICES, LLC
ELECTROLUX WEBSTER CITY
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION STAFFING SERVICES AND MANPOWER
WEBSTER CITY, IOWA
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 8, 2010, applicable to workers of Kenco
Logistic Services, LLC, Electrolux Webster City, including on-
site leased workers of Spherion Staffing Services, Webster City,
Iowa. The notice was published in the Federal Register on
February 16, 2010 (75 FR 7037).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
provided third party logistic services for the Electrolux,
Webster City, Iowa.
The company reports that workers leased from Manpower were
employed on-site at the Webster City, Iowa location of Kenco
Logistic Services, LLC, Electrolux Webster City. 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 Manpower working on-
site at the Webster City, Iowa location of Kenco Logistic
Services, LLC, Electrolux Webster City.
The amended notice applicable to TA-W-72,778 is hereby
issued as follows:
"All workers of Kenco Logistic Services, LLC,
Electrolux Webster City, including on-site leased
workers from Spherion Staffing Services and Manpower,
Webster City, Iowa, who became totally or partially
separated from employment on or after November 5th,
2008, through January 8, 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 in Washington, D.C. this 19th day of April 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-72,778
KENCO LOGISTIC SERVICES, LLC
ELECTROLUX WEBSTER CITY
INCLUDING ON-SITE LEASED WORKERS FROM
SPHERION STAFFING SERVICES
WEBSTER CITY, IOWA
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 November 6, 2009 on behalf of workers of Kenco Logistic
Services, LLC, Electrolux Webster City, Webster City, Iowa. The
workers provided third party logistic services. The worker group
includes on-site leased workers from Spherion Staffing Services.
The investigation revealed that workers of Kenco Logistic
Services meet the criteria for certification.
Criterion I has been met because a significant number of
workers were separated during the relevant period.
Criterion II has been satisfied because Kenco Logistic
Services has shifted to a foreign country the production of
articles like or directly competitive with the articles produced
by the workers’ firm.
Criterion III has been met because the shift in production
to Mexico by the firm contributed importantly to worker group
separations at the Webster City, Iowa facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kenco Logistic Services,
LLC, Electrolux Webster City, Webster City, Iowa, who are engaged
in employment related to third party logistic 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 Kenco Logistic Services, LLC, Electrolux
Webster City, including on-site leased workers from Spherion
Staffing Services, Webster City, Iowa who became totally or
partially separated from employment on or after the November
5, 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 8th day of January, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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