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TAW-74325  /  ExxonMobil Chemical Company (Macedon, NY)

Petitioner Type: Workers
Impact Date: 06/25/2009
Filed Date: 06/30/2010
Most Recent Update: 10/08/2010
Determination Date: 10/08/2010
Expiration Date: 10/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,325

EXXONMOBIL CHEMICAL COMPANY
FILMS BUSINESS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER, RCG-IT AND GENESIS
MACEDON, NEW YORK

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 October 8, 2010, applicable to ExxonMobil Chemical
Company, Films Business Division, including on-site leased
workers from Manpower, Macedon, New York. The workers provide
customer support services. The notice was published in the
Federal Register on October 25, 2010 (75 FR 65520).
At the request of the New York State agency, the Department
reviewed the certification for workers of the subject firm. The
company reports that workers leased from RCG-IT and Genesis were
employed on-site at the Macedon, New York location of ExxonMobil
Chemical Company, Films Business Division. The Department has
determined that these workers were sufficiently under the control
of ExxonMobil Chemical Company, Films Business Division, Macedon,
New York to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from RCG-IT and Genesis
working on-site at the Macedon, New York location of ExxonMobil
Chemical Company, Films Business Division.
The amended notice applicable to TA-W-74,325 is hereby issued
as follows:
"All workers of ExxonMobil Chemical Company, Films
Business Division, including on-site leased workers
from Manpower, RCG-IT and Genesis, Macedon, New York,
who became totally or partially separated from
employment on or after June 25, 2009, through October
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.”



The amended notice applicable to TA-W-75,252A is hereby
issued as follows:
"All leased workers from The Hamilton-Ryker Group LLC,
Securitas Security Services, Take Care Corporation,
Conestoga Rovers and Associates, Phillips Engineering,
Rockwell Engineering, Excel Logistics, and American
Food and Vending, Calhoun Spotting Service, and Job
World working on-site at The Goodyear Tire and Rubber
Company, North American Tire, Union City, Tennessee
(TA-W-75,252A), who became totally or partially
separated from employment on or after February 10,
2010, through April 6, 2013, 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 23rd day of February 2012.

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,325

EXXONMOBIL CHEMICAL COMPANY
FILMS BUSINESS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
MACEDON, NEW YORK

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 June 30, 2010, by three workers on behalf of workers of
ExxonMobil Chemical Company, Films Business Division, Macedon,
New York. The workers provided customer support services. The
worker group includes on-site leased workers from Manpower.
The investigation revealed that workers of ExxonMobil
Chemical Company, who are engaged in employment related to
customer support services, meet the criteria for certification.
Criterion I has been met because a significant proportion of
the worker group was separated from employment in the last year.

Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of services like or
directly competitive with the customer support services supplied
by the workers.
Criterion III has been met because the shift of services
contributed importantly to worker group separations at the
Macedon, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ExxonMobil Chemical
Company, Films Business Division, including on-site leased
workers from Manpower, Macedon, New York, who are engaged in
employment related to customer support service 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 ExxonMobil Chemical Company, Films Business
Division, including on-site leased workers from Manpower,
Macedon, New York, who became totally or partially separated
from employment on or after June 25, 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 8th day of October, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance



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