Certified
« back to search results

TAW-73292  /  Huntington Foam LLC (Fort Smith, AR)

Petitioner Type: Workers
Impact Date: 01/06/2009
Filed Date: 01/15/2010
Most Recent Update: 05/24/2010
Determination Date: 05/24/2010
Expiration Date: 05/24/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,292

HUNTINGTON FOAM LLC
FORT SMITH DIVISION
A SUBSIDIARY OF HUNTINGTON FOAM LLC
INCLUDING ON-SITE LEASED WORKERS FROM TEC STAFFING SERVICES
FORT SMITH, ARKANSAS

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 January 15, 2010 on behalf of workers of Huntington
Foam LLC, Fort Smith Division, a subsidiary of Huntington Foam
LLC, Fort Smith, Arkansas (Huntington Foam Fort Smith). The
workers are engaged in activities related to the production of
expandable polystyrene used for appliance packaging. The
workers are not separately identifiable by products produced.
The worker group also includes on-site leased workers from TEC
Staffing Services.
The investigation revealed that workers of Huntington Foam
Fort Smith who are engaged in activities related to the
production of expandable polystyrene used for appliance
packaging 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 there has been a
shift in production of expandable polystyrene used for appliance
packaging by Huntington Foam Fort Smith to Mexico.
Criterion III has been met because the shift in production
of expandable polystyrene used for appliance packaging by
Huntington Foam Fort Smith to Mexico contributed importantly to
worker group separations at Huntington Foam Fort Smith.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Huntington Foam LLC,
Fort Smith Division, a subsidiary of Huntington Foam LLC,
including on-site leased workers from TEC Staffing Services,
Fort Smith, Arkansas, who are engaged in employment related to
production of expandable polystyrene used for appliance
packaging, 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 Huntington Foam LLC, Fort Smith Division, a
subsidiary of Huntington Foam LLC, including on-site leased
workers from TEC Staffing Services, Fort Smith, Arkansas,
who became totally or partially separated from employment
on or after January 6, 2009, 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 24th day of May, 2010


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