Certified
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TAW-74918A  /  Workway, Inc. (Olean, NY)

Petitioner Type: Company
Impact Date: 11/22/2009
Filed Date: 11/23/2010
Most Recent Update: 12/16/2010
Determination Date: 12/16/2010
Expiration Date: 12/16/2012

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,918

HENKEL CORPORATION
OLEAN, NEW YORK

TA-W-74,918A

WORKWAY, INC.
ON-SITE LEASED WORKERS AT HENKEL CORPORATION
OLEAN, 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 November 23, 2010, by a company official on behalf of
workers of Henkel Corporation, Olean, New York (TA-W-74,918).
The workers produce epoxy moulding compounds used for
semiconductor production. The worker group includes on-site
leased workers from Workway, Inc. (TA-W-74,918A).
Workers of Henkel Corporation, Olean, New York were
previously covered by certification number TA-W-63,859 that
expired on November 4, 2010. That certification did not cover
on-site leased workers from Workway, Inc.
The investigation revealed that workers of Henkel
Corporation, Olean, New York, who are engaged in activities
related to production of epoxy moulding compounds, meet the
criteria for certification.
Criterion I has been met because a significant number of
workers have been totally or partially separated during the
relevant period.
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 of epoxy moulding compounds contributed importantly
to worker group separations at the Olean, New York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Henkel Corporation,
Olean, New York (TA-W-74,918) and Workway, Inc., working on-
site at Henkel Corporation, Olean, New York (TA-W-74,918A),
who are engaged in activities related to production of epoxy
moulding compounds, 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 Henkel Corporation, Olean, New York, who
became totally or partially separated from employment on or
after November 5, 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
AND
All leased workers of Workforce, Inc., working on-site at
Henkel Corporation, Olean, New York, who became totally or
partially separated from employment on or after November
22, 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 16th day of December, 2010

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