Certified
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TAW-80113  /  Diversey, Inc. (Sturtevant, WI)

Petitioner Type: Company
Impact Date: 04/15/2010
Filed Date: 04/19/2011
Most Recent Update: 07/13/2011
Determination Date: 07/13/2011
Expiration Date: 07/13/2013

DEPARTMENT OF LABOR

Employment and Training Administration

DIVERSEY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
UTI INSTITUTE, ADECCO GROUP, AEROTEK STAFFING
STURTEVANT, WISCONSIN

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 by workers on April 19, 2011 by a company official on
behalf of workers of Diversey, Inc., Sturtevant, Wisconsin
(Diversey). The workers' firm is engaged activities related to
the production of janitorial and sanitation products. The subject
firm utilizes on-site leased workers from UTI Institute, Adecco
Group, Aerotek Staffing.
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 janitorial and
sanitation products to a foreign country that is party to a free
trade agreement with the United States.
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 assis-
tance (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 not been met according to
the 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 Diversey, Inc., Sturtevant, Wisconsin,
including on-site leased workers from UTI Institute, Adecco Group,
and Aerotek Staffing, who are engaged in activities related to the
production of janitorial and sanitation 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 Diversey, Inc., Sturtevant, Wisconsin,
including on-site leased workers from UTI Institute, Adecco
Group, and Aerotek Staffing, who became totally or partially
separated from employment on or after April 15, 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 13th day of July, 2011



/s/Del Min Amy Chen______
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance