Petitioner Type: State
Impact Date: 10/02/2010
Filed Date: 09/03/2010
Most Recent Update: 10/06/2010
Determination Date: 10/06/2010
Expiration Date: 10/06/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,593
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
CAREER SOLUTIONS TEC STAFFING,
IBM CORPORATION, TEK SYSTEMS PENSKE LOGISTICS, EUREST,
CANTEEN, KELLY SERVICES, INC., PRODRIVER,
ARKANSAS WAREHOUSE, INC., ANDREWS INTERNATIONAL
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE
REPORTED THROUGH U.S. SECURITY
FORT SMITH, ARKANSAS
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 6, 2010, applicable to workers of Whirlpool
Corporation, including on-site leased workers from Career
Solutions TEC Staffing, Fort Smith, Arkansas. The workers are
engaged in the production of refrigerators and trash compactors.
The notice was published in the Federal Register on October 25,
2010 (75 FR 65520). The notice was amended on December 6, 2010,
November 7, 2011 and November 18, 2011 to include several on-site
leased worker firms. The notices were published in the Federal
Register on December 13, 2010 (75 FR 77665), November 28, 2011
(76 FR 72978) and November 29, 2011(76 FR 73683-73684),
respectively.
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that workers leased from Andrews International
employed on-site at the Fort Smith, Arkansas location of
Whirlpool Corporation had their wages reported through a separate
unemployment insurance (UI) tax account under the name U.S.
Security.
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 by a
shift in the production of refrigerators and trash compactors to
Mexico.
The amended notice applicable to TA-W-74,593 is hereby
issued as follows:
"All workers of Whirlpool Corporation, including on-
site leased workers from Career Solutions TEC Staffing,
IBM Corporation, TEK Systems, Penske Logistics, Eurest,
Canteen, Kelly Services, Inc., Prodriver, Arkansas
Warehouse, Inc., and Andrews International, including
workers whose unemployment insurance (UI) wages are
reported through U.S. Security, Fort Smith, Arkansas,
who became totally or partially separated from
employment on or after October 2, 2010, through October
6, 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 23rd day of March 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-74,593
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
CAREER SOLUTIONS TEC STAFFING
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. 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 by an Arkansas workforce representative on September 3, 2010
on behalf of workers of Whirlpool Corporation, Fort Smith,
Arkansas. The workers produce refrigerators and trash compactors.
The worker group, including on-site leased workers from Career
Solutions TEC Staffing, was covered by certification TA-W-64,085
that expired on October 1, 2010.
The investigation revealed that workers of Whirlpool, who are
engaged in employment related to production of refrigerators and
trash compactors, meet the criteria for certification.
Criterion I has been met because a significant number of
workers at the firm have been separated or are threatened with
separation during the period under investigation.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
contributed importantly to worker group separations and
threatened separations at the Fort Smith, Arkansas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
Fort Smith, Arkansas, who are engaged in employment related to
production of refrigerators and trash compactors, 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, including on-site
leased workers from Career Solutions TEC Staffing, Fort Smith,
Arkansas, who became totally or partially separated from
employment on or after October 2, 2010, 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 6th day of October, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-74,593
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
CAREER SOLUTIONS TEC STAFFING,
IBM CORPORATION, TEK SYSTEMS PENSKE LOGISTICS, EUREST,
CANTEEN, KELLY SERVICES, INC., PRODRIVER,
ARKANSAS WAREHOUSE, INC., ANDREWS INTERNATIONAL
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE
REPORTED THROUGH U.S. SECURITY
FORT SMITH, ARKANSAS
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 6, 2010, applicable to workers of Whirlpool
Corporation, including on-site leased workers from Career
Solutions TEC Staffing, Fort Smith, Arkansas. The workers are
engaged in the production of refrigerators and trash compactors.
The notice was published in the Federal Register on October 25,
2010 (75 FR 65520). The notice was amended on December 6, 2010,
November 7, 2011 and November 18, 2011 to include several on-site
leased worker firms. The notices were published in the Federal
Register on December 13, 2010 (75 FR 77665), November 28, 2011
(76 FR 72978) and November 29, 2011(76 FR 73683-73684),
respectively.
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that workers leased from Andrews International
employed on-site at the Fort Smith, Arkansas location of
Whirlpool Corporation had their wages reported through a separate
unemployment insurance (UI) tax account under the name U.S.
Security.
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 by a
shift in the production of refrigerators and trash compactors to
Mexico.
The amended notice applicable to TA-W-74,593 is hereby
issued as follows:
"All workers of Whirlpool Corporation, including on-
site leased workers from Career Solutions TEC Staffing,
IBM Corporation, TEK Systems, Penske Logistics, Eurest,
Canteen, Kelly Services, Inc., Prodriver, Arkansas
Warehouse, Inc., and Andrews International, including
workers whose unemployment insurance (UI) wages are
reported through U.S. Security, Fort Smith, Arkansas,
who became totally or partially separated from
employment on or after October 2, 2010, through October
6, 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 23rd day of March 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-74,593
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
CAREER SOLUTIONS TEC STAFFING
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. 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 by an Arkansas workforce representative on September 3, 2010
on behalf of workers of Whirlpool Corporation, Fort Smith,
Arkansas. The workers produce refrigerators and trash compactors.
The worker group, including on-site leased workers from Career
Solutions TEC Staffing, was covered by certification TA-W-64,085
that expired on October 1, 2010.
The investigation revealed that workers of Whirlpool, who are
engaged in employment related to production of refrigerators and
trash compactors, meet the criteria for certification.
Criterion I has been met because a significant number of
workers at the firm have been separated or are threatened with
separation during the period under investigation.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
contributed importantly to worker group separations and
threatened separations at the Fort Smith, Arkansas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
Fort Smith, Arkansas, who are engaged in employment related to
production of refrigerators and trash compactors, 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, including on-site
leased workers from Career Solutions TEC Staffing, Fort Smith,
Arkansas, who became totally or partially separated from
employment on or after October 2, 2010, 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 6th day of October, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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