Certified
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TAW-81103  /  Kerry, Inc. (Kent, WA)

Petitioner Type: Union
Impact Date: 02/13/2010
Filed Date: 11/21/2011
Most Recent Update: 12/16/2011
Determination Date: 12/16/2011
Expiration Date: 12/16/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,103

KERRY, INC.
A SUBSIDIARY OF KERRY HOLDING CO.
INCLUDING ON-SITE LEASED WORKERS OF EXPRESS PERSONNEL,
AEROTEK, AND COMMAND STAFFING
KENT, WASHINGTON

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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on November 21, 2011 by a Union Official from the
International Brotherhood of Teamsters, Local 117, on behalf of
workers of Kerry, Inc., a subsidiary of Kerry Holding Co.,
including on-site leased workers of Express Personnel,
Aerotek, and Command Staffing, Kent, Washington. The workers'
firm is engaged in activities related to the production of food
ingredients and flavors.
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 workers'
firm has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers which contributed importantly to worker group
separations at Kerry Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kerry, Inc., a
subsidiary of Kerry Holding Co., including on-site leased
workers of Express Personnel, Aerotek, and Command Staffing,
Kent, Washington, who are engaged in activities related to the
production of food ingredients and flavors, 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 Kerry, Inc., a subsidiary of Kerry Holding
Co., including on-site leased workers of Express
Personnel, Aerotek, and Command Staffing, Kent,
Washington, 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 16th day of December, 2011.


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