Petitioner Type: Workers
Impact Date: 12/21/2008
Filed Date: 12/29/2009
Most Recent Update: 04/14/2010
Determination Date: 04/14/2010
Expiration Date: 04/14/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,174
EMD CHEMICALS, INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS AND LEASED WORKERS FROM
AJILEN, RANSTAD, ASSIGNED COUNSEL, EMERSON PERSONNEL, J&J
STAFFING, ACCOUNTEMPS/ROBERT HALF, EMD TEMPS, CHROMHELP, AND
GREENTREE FOOD MANAGEMENT
GIBBSTOWN, NEW JERSEY
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 April 14, 2010, applicable to workers of EMD
Chemicals, Inc., including on-site independent contractors and
leased workers from Ajilen, Ranstad, Assigned Counsel, Emerson
Personnel, J&J Staffing, Accountemps/Robert Half, EMD Temps, and
ChromHelp, Gibbstown, New Jersey. The workers are engaged in
activities related to the production of specialty chemicals. The
notice was published in the Federal Register on May 20, 2010 (75
FR 28300).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that independent contract workers from Greentree Food
Management were employed on-site at the Gibbstown, New Jersey
location of EMD Chemicals. The Department has determined that
these workers were sufficiently under the control of EMD
Chemicals, Inc. to be included in this certification.
Based on these findings, the Department is amending this
certification to include independent contract workers from
Greentree Food Management working on-site at the Gibbstown, New
Jersey location of EMD Chemicals, Inc.
The amended notice applicable to TA-W-73,174 is hereby
issued as follows:
"All workers of EMD Chemicals, Inc., including on-site
independent contractors and leased workers from Ajilen,
Ranstad, Assigned Counsel, Emerson Personnel, J&J
Staffing, Accountemps/Robert Half, EMD Temps,
ChromHelp, and Greentree Food Management, Gibbstown,
New Jersey, who became totally or partially separated
from employment on or after December 21, 2008, through
April 14, 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 18th day of October 2011.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,174
EMD CHEMICALS INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS AND LEASED WORKERS FROM
AJILEN, RANSTAD, ASSIGNED COUNSEL, EMERSON PERSONNEL, J&J
STAFFING, ACCOUNTEMPS/ROBERT HALF, EMD TEMPS, AND CHROMHELP
GIBBSTOWN, NEW JERSEY
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 December 29, 2009 on behalf of workers of EMD Chemicals
Inc., Gibbstown, New Jersey (EMD). The worker group includes on-
site independent contractors and leased workers from Ajilen,
Ranstad, Assigned Counsel, Emerson Personnel, J&J Staffing,
Accountemps/Robert Half, EMD Temps, and ChromHelp. The workers
are engaged in activities related to the production of specialty
chemicals.
The investigation revealed that workers of EMD who are
engaged in activities related to the production of specialty
chemicals meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm
has shifted to Germany the production of articles like or
directly competitive with the articles provided by the workers.
Criterion III has been met because the shift of production
of specialty chemicals to an affiliated foreign supplier by EMD
contributed importantly to worker group separations at the
subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMD Chemicals Inc.,
Gibbstown, New Jersey, including on-site independent contractors
and leased workers from Ajilen, Ranstad, Assigned Counsel,
Emerson Personnel, J&J Staffing, Accountemps/Robert Half, EMD
Temps, and ChromHelp, who are engaged in activities related to
the production of specialty chemicals 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 EMD Chemicals Inc., Gibbstown, New Jersey,
who became totally or partially separated from employment on
or after December 21, 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 14th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 4 -
Employment and Training Administration
TA-W-73,174
EMD CHEMICALS, INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS AND LEASED WORKERS FROM
AJILEN, RANSTAD, ASSIGNED COUNSEL, EMERSON PERSONNEL, J&J
STAFFING, ACCOUNTEMPS/ROBERT HALF, EMD TEMPS, CHROMHELP, AND
GREENTREE FOOD MANAGEMENT
GIBBSTOWN, NEW JERSEY
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 April 14, 2010, applicable to workers of EMD
Chemicals, Inc., including on-site independent contractors and
leased workers from Ajilen, Ranstad, Assigned Counsel, Emerson
Personnel, J&J Staffing, Accountemps/Robert Half, EMD Temps, and
ChromHelp, Gibbstown, New Jersey. The workers are engaged in
activities related to the production of specialty chemicals. The
notice was published in the Federal Register on May 20, 2010 (75
FR 28300).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that independent contract workers from Greentree Food
Management were employed on-site at the Gibbstown, New Jersey
location of EMD Chemicals. The Department has determined that
these workers were sufficiently under the control of EMD
Chemicals, Inc. to be included in this certification.
Based on these findings, the Department is amending this
certification to include independent contract workers from
Greentree Food Management working on-site at the Gibbstown, New
Jersey location of EMD Chemicals, Inc.
The amended notice applicable to TA-W-73,174 is hereby
issued as follows:
"All workers of EMD Chemicals, Inc., including on-site
independent contractors and leased workers from Ajilen,
Ranstad, Assigned Counsel, Emerson Personnel, J&J
Staffing, Accountemps/Robert Half, EMD Temps,
ChromHelp, and Greentree Food Management, Gibbstown,
New Jersey, who became totally or partially separated
from employment on or after December 21, 2008, through
April 14, 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 18th day of October 2011.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,174
EMD CHEMICALS INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS AND LEASED WORKERS FROM
AJILEN, RANSTAD, ASSIGNED COUNSEL, EMERSON PERSONNEL, J&J
STAFFING, ACCOUNTEMPS/ROBERT HALF, EMD TEMPS, AND CHROMHELP
GIBBSTOWN, NEW JERSEY
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 December 29, 2009 on behalf of workers of EMD Chemicals
Inc., Gibbstown, New Jersey (EMD). The worker group includes on-
site independent contractors and leased workers from Ajilen,
Ranstad, Assigned Counsel, Emerson Personnel, J&J Staffing,
Accountemps/Robert Half, EMD Temps, and ChromHelp. The workers
are engaged in activities related to the production of specialty
chemicals.
The investigation revealed that workers of EMD who are
engaged in activities related to the production of specialty
chemicals meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm
has shifted to Germany the production of articles like or
directly competitive with the articles provided by the workers.
Criterion III has been met because the shift of production
of specialty chemicals to an affiliated foreign supplier by EMD
contributed importantly to worker group separations at the
subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMD Chemicals Inc.,
Gibbstown, New Jersey, including on-site independent contractors
and leased workers from Ajilen, Ranstad, Assigned Counsel,
Emerson Personnel, J&J Staffing, Accountemps/Robert Half, EMD
Temps, and ChromHelp, who are engaged in activities related to
the production of specialty chemicals 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 EMD Chemicals Inc., Gibbstown, New Jersey,
who became totally or partially separated from employment on
or after December 21, 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 14th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 4 -