Certified
« back to search results

TAW-75132  /  NIOXIN Research Laboratories, Inc. (Lithia Springs, GA)

Petitioner Type: Company
Impact Date: 12/31/2009
Filed Date: 01/25/2011
Most Recent Update: 01/28/2011
Determination Date: 01/28/2011
Expiration Date: 01/28/2013


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,132

NIOXIN RESEARCH LABORATORIES, INC.
A WHOLLY OWNED SUBSIDIARY OF
PROCTOR & GAMBLE
NORTH AMERICAN SALON PROFESSIONAL
INCLUDING ON-SITE LEASED WORKERS FROM
SELECTSOURCE STAFFING AND BULESTAR STAFFING
LITHIA SPRINGS, GEORGIA

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 January 25, 2011 by a company official on behalf of
workers of NIOXIN Research Laboratories, Inc., a wholly owned
subsidiary of Proctor & Gamble, North American Salon
Professional, Lithia Springs, Georgia (NIOXIN). The workers
are engaged in activities related to the production of hair
care products. The group contains on-site leased workers from
SelectSource Staffing and BlueStar Staffing.
The investigation revealed that workers of NIOXIN who are
engaged in activities related to the production of hair care
products meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at NIOXIN have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been satisfied because NIOXIN is in the
process of shifting the production of hair care products to a
foreign country articles like or directly competitive with those
produced by Nioxin.
Criterion III has been met because the shift of
production of hair care products to Mexico by NIOXIN will
contribute importantly to worker group separations at NIOXIN.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NIOXIN Research
Laboratories, Inc., a wholly owned subsidiary of Proctor &
Gamble, North American Salon Professional, including on-site
leased workers from SelectSource Staffing and BlueStar
Staffing, Lithia Springs, Georgia, who are engaged in
activities related to the production of hair care products 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 NIOXIN Research Laboratories, Inc., a
wholly owned subsidiary of Proctor & Gamble, North
American Salon Professional, including on-site leased
workers from SelectSource Staffing and BlueStar Staffing,
Lithia Springs, Georgia, who became totally or partially
separated from employment on or after December 31, 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 28th day of January, 2011.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance