Certified
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TAW-81021  /  Bayer Cropscience, LP (Institute, WV)

Petitioner Type: Union
Impact Date: 02/13/2010
Filed Date: 10/27/2011
Most Recent Update: 02/03/2012
Determination Date: 02/03/2012
Expiration Date: 02/03/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,021

BAYER CROPSCIENCE, LP
INCLUDING ON-SITE LEASED WORKERS FROM
JACOBS PSG, MIDDOUGH ASSOCIATES, INC., ADECCO, CDI ENGINEERING
SOLUTIONS, BECHT ENGINEERING, ENGINEERING SUPPORT SYSTEMS,
MANUFACTURING MANAGEMENT SERVICES, US SECURITIES, WB WELLS,
BELCAN, AMERICAN ENGINEERS, CH2M HILL ENGINEERS, INC., DIGITAL
MANAGEMENT GROUP, MERCURY AIR GROUP, INC., GREENWOOD, AND
PROFESSIONAL MAINTENANCE OF CHARLESTON (PMOC)
INSTITUTE, WEST VIRGINIA

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 February 3, 2012, applicable to workers
of Bayer Cropscience, LP, including on-site leased workers from
Jacobs PSG, Middough Associates, Inc., Adecco, CDI Engineering
Solutions, Becht Engineering, Engineering Support Systems,
Manufacturing Management Services, US Securities, WB Wells,
Belcan American Engineers, CH2M Hill Engineers, Inc., Digital
Management Group, Mercury Air Group, Inc., Greenwood, and
Professional Maintenance of Charleston (PMOC), Institute, West
Virginia. The workers are engaged in activities related to the
production of pesticides. The notice was published in the
Federal Register on February 21, 2012 (77 FR 9971).
At the request of the International Association of
Machinists and Aerospace Workers (IAMAW), the Department reviewed
the certification for workers of the subject firm. New
information from the company shows that workers leased from
Professional Maintenance of Charleston (PMOC) were employed on-
site at the Institute, West Virginia location of Bayer
CropScience, LP. The Department has determined that these
workers were sufficiently under the control of Bayer CropScience,
LP, Institute, West Virginia to be considered leased workers.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased company imports of pesticides.
Based on these findings, the Department is amending this
certification to include workers leased from Professional
Maintenance of Charleston (PMOC) working on-site at the
Institute, West Virginia location of the subject firm.


The amended notice applicable to TA-W-81,021 is hereby
issued as follows:
"All workers from Bayer CropScience, including on-site
leased workers from Jacobs PSG, Middough Associates,
Inc., Adecco, CDI Engineering Solutions, Becht
Engineering, Engineering Support Systems, Manufacturing
Management Services, US Securities, WB Wells, Belcan,
American Engineers, CH2M Hill Engineers, Inc., Digital
Management Group, Mercury Air Group, Inc., Greenwood,
and Professional Maintenance of Charleston (PMOC),
Institute, West Virginia, who became totally or
partially separated from employment on or after
February 13, 2010, through February 3, 2014, 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 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-81,021

BAYER CROPSCIENCE, LP
INCLUDING ON-SITE LEASED WORKERS OF JACOBS PSG, MIDDOUGH
ASSOCIATES INC., ADECCO, CDI ENGINEERING SOLUTIONS, BECHT
ENGINEERING, ENGINEERING SUPPORT SYSTEMS, MANUFACTURING
MANAGEMENT SERVICES, US SECURITIES, WB WELLS, BELCAN, AMERICAN
ENGINEERS, CH2M HILL ENGINEERS, INC., DIGITAL MANAGEMENT
GROUP, MERCURY AIR GROUP, INC., AND GREENWOOD
INSTITUTE, WEST VIRGINIA

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:
(1) 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; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on October 27, 2011 by a union official from the
International Association of Machinists and Aerospace Workers on
behalf of workers of Bayer CropScience, including on-site leased
workers of Jacobs PSG, Middough Associates, Inc., Adecco, CDI
Engineering Solutions, Becht Engineering, Engineering Support
Systems, Manufacturing Management Services, US Securities, WB
Wells, Belcan, American Engineers, CH2M Hill Engineers, Inc.,
Digital Management Group, Mercury Air Group, Inc., and Greenwood,
Institute, West Virginia. The workers’ firm is engaged in
activities related to the production of pesticides.
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)(A)(i) has been met because the sales
and/or production of pesticides by Bayer CropScience have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the pesticides
produced by Bayer CropScience have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Bayer CropScience.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bayer CropScience,
Institute, West Virginia, who are engaged in activities related to
the production of pesticides 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 Bayer CropScience, including on-site leased
workers of Jacobs PSG, Middough Associates, Inc., Adecco,
CDI Engineering Solutions, Becht Engineering, Engineering
Support Systems, Manufacturing Management Services, US
Securities, WB Wells, Belcan, American Engineers, CH2M Hill
Engineers, Inc., Digital Management Group, Mercury Air
Group, Inc., and Greenwood, Institute, West Virginia, who
became totally or partially separated from employment on or
after February 13, 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 3rd day of February, 2012.

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



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