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TAW-73805  /  Henkel Corporation (Billerica, MA)

Petitioner Type: Company
Impact Date: 03/23/2009
Filed Date: 03/29/2010
Most Recent Update: 07/12/2010
Determination Date: 07/12/2010
Expiration Date: 07/12/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,805

HENKEL CORPORATION
CURRENTLY KNOWN AS HENKEL ELECTRONIC MATERIALS, LLC
ELECTRONIC ADHESIVES DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK PROFESSIONAL SERVICES
BILLERICA, MASSACHUSETTS

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 July 12, 2010, applicable to workers of Henkel
Corporation, Electronic Adhesives Division, including on-site
leased workers from Aerotek Professional Services, Billerica,
Massachusetts. The notice was published in the Federal Register
on August 2, 2010 (75 FR 45163).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
supply new product development and other support functions
related to the production of electrical materials.
Information shows that on January 1, 2011, Henkel
Corporation created a new legal entity applicable to only the
Canton, Massachusetts location to combine the legacy Henkel


Electronic Materials business and The National Starch Electronic
Materials business following a company purchase in April 2008.
Workers separated from employment at the Billerica, Massachusetts
location of Henkel Corporation, Electronic Adhesives Division had
their wages reported under a separate unemployment insurance (UI)
tax account under the name Henkel Electronic Materials, LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected as a
secondary service supplier directly to a TAA certified firm.


The amended notice applicable to TA-W-73,805 is hereby
issued as follows:
"All workers of Henkel Corporation, currently known as
Henkel Electronic Materials, LLC, Electronic Adhesives,
Division, including on-site leased workers from Aerotek
Professional Services, Billerica, Massachusetts, who
became totally or partially separated from employment
on or after March 23, 2009 through July 12, 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 5th day of October 2011.

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,805

HENKEL CORPORATION
ELECTRONIC ADHESIVES DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK PROFESSIONAL SERVICES
BILLERICA, MASSACHUSETTS

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(c) of the Act, 19 U.S.C. § 2272(c), can be satisfied if
the following criteria are met:
I. a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

II. the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and

III. either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term “Supplier” as “a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for a certification of eligibility
under subsection (a) [of Section 222 of the Act] of a group of
workers employed by such other firm.”
The investigation was initiated in response to a petition
filed on March 29, 2010 by a company official on behalf of workers
of Henkel Corporation, Electronic Adhesives Division, Billerica,
Massachusetts (Henkel-Electronic Adhesives Division). The workers
supply new product development and other support functions related
to the production of electrical materials. The worker group
includes on-site leased workers of Aerotek Professional Services.
The investigation revealed that workers of Henkel-Electronic
Adhesives Division, Billerica, Massachusetts, who are engaged in
employment related to the supply of new product development and
other support functions related to the production of electrical
materials, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion or
number of workers at Henkel-Electronic Adhesives Division,
Billerica, Massachusetts, has been totally or partially separated,
or threatened with such separation, during the relevant period.
Criterion II has been met because workers of Henkel-
Electronic Adhesives Division, Billerica, Massachusetts supplied a
service directly to a firm with a currently certified TAA worker
group, and the service supplied was related to the production of
an article or the supply of a service that was the basis for the
TAA certification.
Criterion III has been met because the loss of business by
Henkel-Electronic Adhesives Division with the afore-mentioned
firm, with respect to product development and support services
supplied to the firm, contributed importantly to worker group
separations at the Billerica, Massachusetts facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Henkel Corporation,
Electronic Adhesives Division, Billerica, Massachusetts, who are
engaged in employment related to the supply of new product
development and other support functions related to the production
of electrical materials, meet the worker group certification
criteria under Section 222(c) of the Act, 19 U.S.C. § 2272(c). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
“All workers of Henkel Corporation, Electronic Adhesives
Division, including on-site leased workers of Aerotek
Professional Services, Billerica, Massachusetts, who became
totally or partially separated from employment on or after
March 23, 2009, 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 12th day of July, 2010

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




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