Petitioner Type: Company
Impact Date: 06/28/2009
Filed Date: 07/02/2010
Most Recent Update: 08/26/2010
Determination Date: 08/26/2010
Expiration Date: 08/26/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,336
POLARIS INDUSTRIES
INCLUDING ON-SITE LEASED WORKERS FROM
WESTAFF, SUPPLY TECHNOLOGIES, AEROTEK
SECURITAS SECURITY SERVICES, VOLT WORKFORCE SOLUTIONS
AND SELECT STAFFING
OSCEOLA, WISCONSIN
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 August 26, 2010, applicable to workers of Polaris
Industries, including on-site leased workers from Westaff,
Osceola, Wisconsin. The notice was published in the Federal
Register on September 15, 2010 (75 FR 56143). The notice was
amended on December 6, 2010, January 21, 2011 and April 12, 2011
to include on-site leased workers from Supply Technologies,
Aerotek Securitas Security Services and Volt Workforce Solutions.
The notices were published in the Federal Register on December
13, 2010 (75 FR 77666), February 2, 2011 (76 FR 5833) and April
22, 2011 (76 FR 22729).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of components
for recreational vehicles.
The company reports that workers leased from Select Staffing
were employed on-site at the Osceola, Wisconsin location of
Polaris Industries. The Department has determined that these
workers were sufficiently under the control of Polaris Industries
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Select Staffing
working on-site at the Osceola, Wisconsin location of Polaris
Industries.
The amended notice applicable to TA-W-74,336 is hereby
issued as follows:
"All workers of Polaris Industries, including on-site
leased workers from Westaff, Supply Technologies,
Aerotek, Securitas Security Services, Volt Workforce
Solutions and Select Staffing, Osceola, Wisconsin, who
became totally or partially separated from employment
on or after June 28, 2009 through August 26, 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 22nd day of February 2012.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT. S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,336
POLARIS INDUSTRIES
INCLUDING ON-SITE LEASED WORKERS FROM WESTAFF
OSCEOLA, WISCONSIN
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 July 2, 2010 by a company official on behalf of workers
of Polaris Industries, Osceola, Wisconsin (Polaris Industries). The
workers are engaged in activities related to the production of
components for recreational vehicles. The workers are not
separately identifiable by product. The worker group also includes
on-site leased workers from Westaff.
The investigation revealed that workers of Polaris Industries
who are engaged in activities related to the production of
components 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 is
shifting to Mexico the production of articles like or directly
competitive with the components provided by the workers.
Criterion III has been met because the shift in production of
components by Polaris Industries to Mexico contributed importantly
to worker group separations at Polaris Industries.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Polaris Industries,
including on-site leased workers from Westaff, Osceola, Wisconsin,
who are engaged in employment related to production of components,
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 Polaris Industries, including on-site leased
workers from Westaff, Osceola, Wisconsin, who became totally
or partially separated from employment on or after June 28,
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 26th day of August, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 6 -
Employment and Training Administration
TA-W-74,336
POLARIS INDUSTRIES
INCLUDING ON-SITE LEASED WORKERS FROM
WESTAFF, SUPPLY TECHNOLOGIES, AEROTEK
SECURITAS SECURITY SERVICES, VOLT WORKFORCE SOLUTIONS
AND SELECT STAFFING
OSCEOLA, WISCONSIN
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 August 26, 2010, applicable to workers of Polaris
Industries, including on-site leased workers from Westaff,
Osceola, Wisconsin. The notice was published in the Federal
Register on September 15, 2010 (75 FR 56143). The notice was
amended on December 6, 2010, January 21, 2011 and April 12, 2011
to include on-site leased workers from Supply Technologies,
Aerotek Securitas Security Services and Volt Workforce Solutions.
The notices were published in the Federal Register on December
13, 2010 (75 FR 77666), February 2, 2011 (76 FR 5833) and April
22, 2011 (76 FR 22729).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of components
for recreational vehicles.
The company reports that workers leased from Select Staffing
were employed on-site at the Osceola, Wisconsin location of
Polaris Industries. The Department has determined that these
workers were sufficiently under the control of Polaris Industries
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Select Staffing
working on-site at the Osceola, Wisconsin location of Polaris
Industries.
The amended notice applicable to TA-W-74,336 is hereby
issued as follows:
"All workers of Polaris Industries, including on-site
leased workers from Westaff, Supply Technologies,
Aerotek, Securitas Security Services, Volt Workforce
Solutions and Select Staffing, Osceola, Wisconsin, who
became totally or partially separated from employment
on or after June 28, 2009 through August 26, 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 22nd day of February 2012.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT. S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,336
POLARIS INDUSTRIES
INCLUDING ON-SITE LEASED WORKERS FROM WESTAFF
OSCEOLA, WISCONSIN
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 July 2, 2010 by a company official on behalf of workers
of Polaris Industries, Osceola, Wisconsin (Polaris Industries). The
workers are engaged in activities related to the production of
components for recreational vehicles. The workers are not
separately identifiable by product. The worker group also includes
on-site leased workers from Westaff.
The investigation revealed that workers of Polaris Industries
who are engaged in activities related to the production of
components 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 is
shifting to Mexico the production of articles like or directly
competitive with the components provided by the workers.
Criterion III has been met because the shift in production of
components by Polaris Industries to Mexico contributed importantly
to worker group separations at Polaris Industries.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Polaris Industries,
including on-site leased workers from Westaff, Osceola, Wisconsin,
who are engaged in employment related to production of components,
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 Polaris Industries, including on-site leased
workers from Westaff, Osceola, Wisconsin, who became totally
or partially separated from employment on or after June 28,
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 26th day of August, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 6 -