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TAW-82116  /  Heraeus Kulzer, LLC (South Bend, IN)

Petitioner Type: Company
Impact Date: 10/30/2011
Filed Date: 10/31/2012
Most Recent Update: 11/16/2012
Determination Date: 11/16/2012
Expiration Date: 11/16/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,116

HERAEUS KULZER, LLC.
INCLUDING ON-SITE LEASED WORKERS FROM
PEOPLE LINK STAFFING, FORGE STAFFING, CAREER TRANSITIONS
AND TALENT SOURCE
SOUTH BEND, INDIANA

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 November 16, 2012, applicable to workers
of Heraeus Kulzer, LLC, including on-site leased workers from
People Link Staffing and Forge Staffing, South Bend, Indiana.
The workers are engaged in activities related to the production
of dental products. The notice was published in the Federal
Register on January 8, 2013 (78 FR 1255).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information from the company shows that workers leased from
Career Transitions and Talent Source were employed on-site at the
South Bend, Indiana location of Heraeus Kulzer, LLC. The
Department has determined that these workers were sufficiently
under the control of Heraeus Kulzer, LLC 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 a
shift in the production of dental products to Romania.
Based on these findings, the Department is amending this
certification to include workers leased from Career Transitions
and Talent Source working on-site at the South Bend, Indiana
location of the subject firm.
The amended notice applicable to TA-W-82,116 is hereby
issued as follows:
"All workers from Heraeus Kulzer, LLC, including on-
site leased workers from People Link Staffing, Forge
Staffing, Career Transitions and Talent Source, South
Bend, Indiana, who became totally or partially
separated from employment on or after October 30, 2011,
through November 16, 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 17th day of January 2013

/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,116

HERAEUS KULZER, LLC,
INCLUDING ON-SITE LEASED WORKERS FROM
PEOPLE LINK STAFFING AND FORGE STAFFING
SOUTH BEND, INDIANA

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 by a company official on October 31, 2012 on behalf of
workers of Heraeus Kulzer, LLC, South Bend, Indiana. The subject
worker group is engaged in activities related to the production of
dental products. The subject firm does utilize leased workers from
People Link Staffing and Forge 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 workers’ firm
has shifted to a foreign country the production of dental products
like or directly competitive with the produced by the workers which
contributed importantly to worker group separations at Heraeus
Kulzer, LLC, South Bend, Indiana.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Heraeus Kulzer, LLC,
South Bend, Indiana, who are engaged in activities related to
production of dental 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 Heraeus Kulzer, LLC, including on-site leased
workers from People Link Staffing and Forge Staffing, South
Bend, Indiana, who became totally or partially separated from
employment on or after October 30, 2011 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 November, 2012.

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





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