Petitioner Type: Company
Impact Date: 03/28/2010
Filed Date: 03/29/2011
Most Recent Update: 06/14/2011
Determination Date: 06/14/2011
Expiration Date: 06/14/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,076
NEXERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ACT-I STAFFING,
KELLY SERVICES AND SNIDER-BLAKE PERSONNEL, INCLUDING WORKERS
WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE REPORTED THROUGH
WESTERN SERVICES, INC.
COLUMBUS, OHIO
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on June 14, 2011,
applicable to workers of Nexergy, Inc., including on-site leased
workers from ACT –I Staffing, Snider-Black Personnel and Kelly
Services, Columbus, Ohio. The workers are engaged in activities
related to the production of battery packs, printed circuit
boards and wire harnesses. The notice was published in the
Federal Register on July 8, 2011 (76 FR 40401).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers leased from Snider-Blake Personnel
employed on-site at the Columbus, Ohio location of Nexergy, Inc.
had their wages reported under a separate unemployment insurance
(UI) tax account under the name Western Services, Inc.
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
actual/likely increase in imports following a shift abroad.
The amended notice applicable to TA-W-80,076 is hereby
issued as follows:
"All workers of Nexergy, Inc., including on-site leased
workers from ACT-I Staffing, Kelly Services and Snider-
Blake Personnel, including workers whose unemployment
insurance (UI) wages are reported through Western
Services, Inc., Columbus, Ohio, who became totally or
partially separated from employment on or after March
28, 2010, through June 14, 2013, are eligible to apply
for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 31st day of October 2011
/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-80,076
NEXERGY, INC.
INCLUDING ON-SITE LEASED WORKERS OF ACT-I STAFFING, SNIDER-BLAKE
PERSONNEL, & KELLY SERVICES
COLUMBUS, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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:
(1) a significant number or proportion of the workers
in such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated, or
are threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers’ firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision
The investigation was initiated in response to a petition
filed on March 29, 2011 by a company official on behalf of workers
of Nexergy, Inc., Columbus, Ohio. The workers’ firm is engaged
activities related to the production of battery packs, printed
circuit boards and wire harnesses. The worker group includes on-
site leased workers of ACT-I Staffing, Snider-Blake Personnel, and
Kelly Services.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of battery packs,
printed circuit boards and wiring harnesses to a foreign country
and there has been or is likely to be an increase in imports of
articles that are like or directly competitive with articles which
are or were produced by such firm or subdivision.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nexergy, Inc., Columbus,
Ohio, 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 Nexergy, Inc., including leased on-site
workers of ACT-I Staffing, Snider-Blake Personnel, and Kelly
Services, Columbus, Ohio, who became totally or partially
separated from employment on or after March 28, 2010, 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 are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 14th day of June, 2011
/s/Del Min Amy Chen___________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-80,076
NEXERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ACT-I STAFFING,
KELLY SERVICES AND SNIDER-BLAKE PERSONNEL, INCLUDING WORKERS
WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES ARE REPORTED THROUGH
WESTERN SERVICES, INC.
COLUMBUS, OHIO
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on June 14, 2011,
applicable to workers of Nexergy, Inc., including on-site leased
workers from ACT –I Staffing, Snider-Black Personnel and Kelly
Services, Columbus, Ohio. The workers are engaged in activities
related to the production of battery packs, printed circuit
boards and wire harnesses. The notice was published in the
Federal Register on July 8, 2011 (76 FR 40401).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers leased from Snider-Blake Personnel
employed on-site at the Columbus, Ohio location of Nexergy, Inc.
had their wages reported under a separate unemployment insurance
(UI) tax account under the name Western Services, Inc.
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
actual/likely increase in imports following a shift abroad.
The amended notice applicable to TA-W-80,076 is hereby
issued as follows:
"All workers of Nexergy, Inc., including on-site leased
workers from ACT-I Staffing, Kelly Services and Snider-
Blake Personnel, including workers whose unemployment
insurance (UI) wages are reported through Western
Services, Inc., Columbus, Ohio, who became totally or
partially separated from employment on or after March
28, 2010, through June 14, 2013, are eligible to apply
for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 31st day of October 2011
/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-80,076
NEXERGY, INC.
INCLUDING ON-SITE LEASED WORKERS OF ACT-I STAFFING, SNIDER-BLAKE
PERSONNEL, & KELLY SERVICES
COLUMBUS, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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:
(1) a significant number or proportion of the workers
in such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated, or
are threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers’ firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision
The investigation was initiated in response to a petition
filed on March 29, 2011 by a company official on behalf of workers
of Nexergy, Inc., Columbus, Ohio. The workers’ firm is engaged
activities related to the production of battery packs, printed
circuit boards and wire harnesses. The worker group includes on-
site leased workers of ACT-I Staffing, Snider-Blake Personnel, and
Kelly Services.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of battery packs,
printed circuit boards and wiring harnesses to a foreign country
and there has been or is likely to be an increase in imports of
articles that are like or directly competitive with articles which
are or were produced by such firm or subdivision.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nexergy, Inc., Columbus,
Ohio, 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 Nexergy, Inc., including leased on-site
workers of ACT-I Staffing, Snider-Blake Personnel, and Kelly
Services, Columbus, Ohio, who became totally or partially
separated from employment on or after March 28, 2010, 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 are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 14th day of June, 2011
/s/Del Min Amy Chen___________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
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