Petitioner Type: Company
Impact Date: 06/18/2009
Filed Date: 06/23/2010
Most Recent Update: 09/14/2010
Determination Date: 09/14/2010
Expiration Date: 09/14/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,280
WHIRLPOOL CORPORATION
BENTON HARBOR DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK AND
PENSKE LOGISTICS, LLC
BENTON HARBOR, MICHIGAN
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 September 14, 2010, applicable to workers of
Whirlpool Corporation, Benton Harbor Division, Benton Harbor,
Michigan, including on-site leased workers from Aerotek, Benton
Harbor, Michigan. The Department’s notice of determination was
published in the Federal Register on September 29, 2010 (75 FR
60143).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in activities related to the production of machined
and plated component parts utilized in laundry equipment.
The company reports that workers leased from Penske
Logistics, LLC, were employed on-site at the Benton Harbor,
Michigan location of Whirlpool Corporation, Benton Harbor
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 Penske Logistics,
LLC working on-site at the Benton Harbor, Michigan location of
Whirlpool Corporation, Benton Harbor Division.
The amended notice applicable to TA-W-74,280 is hereby
issued as follows:
"All workers of Whirlpool Corporation, Benton Harbor
Division, including on-site leased workers from Aerotek
and Penske Logistics, LLC, Benton Harbor, Michigan, who
became totally or partially separated from employment
on or after June 18, 2009, through September 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 in Washington, D.C. this 17TH day of December, 2010
/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-74,280
WHIRLPOOL CORPORATION
BENTON HARBOR DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
BENTON HARBOR, MICHIGAN
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), can be satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(III) imports of articles directly incorporating one or
more component parts produced outside the United States that
are like or directly competitive with imports of articles
incorporating one or more component parts produced by such
firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or threat
of separation and to the decline in the sales or production
of such firm.
The investigation was initiated in response to a petition
filed on June 23, 2010 by a company official on behalf of workers
of Whirlpool Corporation, Benton Harbor Division, Benton Harbor,
Michigan (Whirlpool). The workers are engaged in activities
related to the production of machined and plated component parts
utilized in laundry equipment. The worker group includes on-site
leased workers from Aerotek.
The investigation revealed that workers of Whirlpool who are
engaged in activities related to the production of machined and
plated component parts utilized in laundry equipment meet the
criteria for certification.
Section 222(a)(1) of the Act has been met because a
significant number or proportion of the workers in the workers’
firm have become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of machined and plated component parts utilized
in laundry equipment decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because of increased
reliance on imported laundry equipment directly incorporating
machined and plated component parts utilized in laundry equipment
produced outside the United States that are like or directly
competitive with imports of machined and plated component parts
utilized in laundry equipment produced by Whirlpool.
Finally, Section 222(a)(2)(A)(iii) has been met because the
imports of laundry equipment incorporating foreign machined and
plated component parts utilized in laundry equipment contributed
importantly to the worker group separations and sales/production
declines at Whirlpool.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
Benton Harbor Division, Benton Harbor, Michigan, including on-site
leased workers from Aerotek, who are engaged in activities related
to the production of machined and plated component parts utilized
in laundry equipment 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, Benton Harbor Division,
Benton Harbor, Michigan, including on-site leased workers from
Aerotek, who became totally or partially separated from
employment on or after June 18, 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 14th day of September, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-74,280
WHIRLPOOL CORPORATION
BENTON HARBOR DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK AND
PENSKE LOGISTICS, LLC
BENTON HARBOR, MICHIGAN
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 September 14, 2010, applicable to workers of
Whirlpool Corporation, Benton Harbor Division, Benton Harbor,
Michigan, including on-site leased workers from Aerotek, Benton
Harbor, Michigan. The Department’s notice of determination was
published in the Federal Register on September 29, 2010 (75 FR
60143).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in activities related to the production of machined
and plated component parts utilized in laundry equipment.
The company reports that workers leased from Penske
Logistics, LLC, were employed on-site at the Benton Harbor,
Michigan location of Whirlpool Corporation, Benton Harbor
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 Penske Logistics,
LLC working on-site at the Benton Harbor, Michigan location of
Whirlpool Corporation, Benton Harbor Division.
The amended notice applicable to TA-W-74,280 is hereby
issued as follows:
"All workers of Whirlpool Corporation, Benton Harbor
Division, including on-site leased workers from Aerotek
and Penske Logistics, LLC, Benton Harbor, Michigan, who
became totally or partially separated from employment
on or after June 18, 2009, through September 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 in Washington, D.C. this 17TH day of December, 2010
/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-74,280
WHIRLPOOL CORPORATION
BENTON HARBOR DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
BENTON HARBOR, MICHIGAN
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), can be satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(III) imports of articles directly incorporating one or
more component parts produced outside the United States that
are like or directly competitive with imports of articles
incorporating one or more component parts produced by such
firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or threat
of separation and to the decline in the sales or production
of such firm.
The investigation was initiated in response to a petition
filed on June 23, 2010 by a company official on behalf of workers
of Whirlpool Corporation, Benton Harbor Division, Benton Harbor,
Michigan (Whirlpool). The workers are engaged in activities
related to the production of machined and plated component parts
utilized in laundry equipment. The worker group includes on-site
leased workers from Aerotek.
The investigation revealed that workers of Whirlpool who are
engaged in activities related to the production of machined and
plated component parts utilized in laundry equipment meet the
criteria for certification.
Section 222(a)(1) of the Act has been met because a
significant number or proportion of the workers in the workers’
firm have become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of machined and plated component parts utilized
in laundry equipment decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because of increased
reliance on imported laundry equipment directly incorporating
machined and plated component parts utilized in laundry equipment
produced outside the United States that are like or directly
competitive with imports of machined and plated component parts
utilized in laundry equipment produced by Whirlpool.
Finally, Section 222(a)(2)(A)(iii) has been met because the
imports of laundry equipment incorporating foreign machined and
plated component parts utilized in laundry equipment contributed
importantly to the worker group separations and sales/production
declines at Whirlpool.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
Benton Harbor Division, Benton Harbor, Michigan, including on-site
leased workers from Aerotek, who are engaged in activities related
to the production of machined and plated component parts utilized
in laundry equipment 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, Benton Harbor Division,
Benton Harbor, Michigan, including on-site leased workers from
Aerotek, who became totally or partially separated from
employment on or after June 18, 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 14th day of September, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
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