Petitioner Type: State
Impact Date: 10/07/2012
Filed Date: 01/15/2013
Most Recent Update: 05/10/2013
Determination Date: 05/10/2013
Expiration Date: 05/10/2015
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,346
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK/TEK SYSTEMS (SUBCONTRACTOR OF IBM CORPORATION), JONES LANG LASALLE, AND OTTERBASE, INC.
FOR SMITH, ARKANSAS
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 May 10, 2013, applicable to workers of Whirlpool Corporation, including on-site leased workers from Aerotek/Tek Systems (subcontractor of IBM Corporation), Fort Smith, Arkansas. The Department’s notice of determination was published in the Federal Register on May 30, 2013 (78 FR 32464).
At the request of the State Workforce Office, the Department reviewed the certification for workers of the subject firm. The workers were engaged in production of refrigerators and trash compactors as well as decommissioning work for the facility closure.
The Department confirmed that workers leased from Jones Lang LaSalle and Otterbase, Inc. were employed on-site at the Fort Smith, Arkansas location of Whirlpool Corporation. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this certification to include workers leased from Otterbase, Inc. working on-site at the Fort Smith, Arkansas location of Whirlpool Corporation.
The amended notice applicable to TA-W-82,346 is hereby issued as follows:
“All workers of Whirlpool Corporation, including on-site leased workers from Aerotek/Tek Systems (subcontractor of IBM Corporation), Jones Lang LaSalle, and Otterbase, Inc., Fort Smith, Arkansas, who became totally or partially separated from employment on or after October 7, 2012 through May 10, 2015, and all workers in the group threatened with total or partial separation from employment on the date of certification through May 10, 2015, 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 11th day of December, 2014.
/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-82,346
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK/TEK SYSTEMS (SUBCONTRACTOR OF IBM CORPORATION)
AND JONES LANG LASALLE
FOR SMITH, ARKANSAS
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 May 10, 2013, applicable to workers of
Whirlpool Corporation, including on-site leased workers from
Aerotek/Tek Systems (subcontractor of IBM Corporation), Fort
Smith, Arkansas. The Department’s notice of determination was
published in the Federal Register on May 30, 2013 (Volume 78 FR
Pages 32464-32467).
At the request of the State Workforce Office, the
Department reviewed the certification for workers of the subject
firm. The workers were engaged in production of refrigerators
and trash compactors as well as decommissioning work for the
facility closure.
The state reports that workers leased from Jones Lang
LaSalle were employed on-site at the Fort Smith, Arkansas
location of Whirlpool Corporation. The Department has
determined that these workers were sufficiently under the
control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Jones Lang LaSalle
working on-site at the Fort Smith, Arkansas location of
Whirlpool Corporation.
The amended notice applicable to TA-W-82,346 is hereby
issued as follows:
“All workers of Whirlpool Corporation, including on-site
leased workers from Aerotek/Tek Systems (subcontractor of
IBM Corporation)and Jones Lang LaSalle, Fort Smith,
Arkansas, who became totally or partially separated from
employment on or after October 7, 2012 through May 10, 2015,
and all workers in the group threatened with total or partial
separation from employment on the date of certification
through May 10, 2015, 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 2nd day of July, 2013.
/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-82,346
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK/TEK SYSTEMS (SUBCONTRACTOR OF IBM CORPORATION)
FORT SMITH, ARKANSAS
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 January 15, 2013 by a state workforce office on behalf of
workers of Whirlpool Corporation, Fort Smith Arkansas (Whirlpool
Corporation). The workers’ firm was engaged in activities related
to the production of refrigerators and trash compactors as well
as decommissioning work for the facility closure. The subject
worker group includes on-site leased workers from Aerotek/Tek
Systems (subcontractor of IBM Corporation).
Workers of Whirlpool Corporation, including on-site leased
workers from Aerotek/Tek Systems (subcontractor of IBM
Corporation), Fort Smith Arkansas, were previously found eligible
to apply for Trade Adjustment Assistance (TAA) under petition TA-W-
74,593 that expired on October 6, 2012.
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 an article like
or directly competitive with the article produced by the workers
which contributed importantly to worker group separations at
Whirlpool Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
including on-site leased workers from Aerotek/Tek Systems
(subcontractor of IBM Corporation), Fort Smith Arkansas, who were
engaged in activities related to the production of refrigerators
and trash compactors as well as decommissioning work for the
facility closure, 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 Whirlpool Corporation, including on-site
leased workers from Aerotek/Tek Systems (subcontractor of
IBM Corporation), Fort Smith Arkansas, who became totally or
partially separated from employment on or after October 7,
2012 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 10th day of May, 2013.
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-82,346
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK/TEK SYSTEMS (SUBCONTRACTOR OF IBM CORPORATION), JONES LANG LASALLE, AND OTTERBASE, INC.
FOR SMITH, ARKANSAS
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 May 10, 2013, applicable to workers of Whirlpool Corporation, including on-site leased workers from Aerotek/Tek Systems (subcontractor of IBM Corporation), Fort Smith, Arkansas. The Department’s notice of determination was published in the Federal Register on May 30, 2013 (78 FR 32464).
At the request of the State Workforce Office, the Department reviewed the certification for workers of the subject firm. The workers were engaged in production of refrigerators and trash compactors as well as decommissioning work for the facility closure.
The Department confirmed that workers leased from Jones Lang LaSalle and Otterbase, Inc. were employed on-site at the Fort Smith, Arkansas location of Whirlpool Corporation. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this certification to include workers leased from Otterbase, Inc. working on-site at the Fort Smith, Arkansas location of Whirlpool Corporation.
The amended notice applicable to TA-W-82,346 is hereby issued as follows:
“All workers of Whirlpool Corporation, including on-site leased workers from Aerotek/Tek Systems (subcontractor of IBM Corporation), Jones Lang LaSalle, and Otterbase, Inc., Fort Smith, Arkansas, who became totally or partially separated from employment on or after October 7, 2012 through May 10, 2015, and all workers in the group threatened with total or partial separation from employment on the date of certification through May 10, 2015, 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 11th day of December, 2014.
/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-82,346
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK/TEK SYSTEMS (SUBCONTRACTOR OF IBM CORPORATION)
AND JONES LANG LASALLE
FOR SMITH, ARKANSAS
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 May 10, 2013, applicable to workers of
Whirlpool Corporation, including on-site leased workers from
Aerotek/Tek Systems (subcontractor of IBM Corporation), Fort
Smith, Arkansas. The Department’s notice of determination was
published in the Federal Register on May 30, 2013 (Volume 78 FR
Pages 32464-32467).
At the request of the State Workforce Office, the
Department reviewed the certification for workers of the subject
firm. The workers were engaged in production of refrigerators
and trash compactors as well as decommissioning work for the
facility closure.
The state reports that workers leased from Jones Lang
LaSalle were employed on-site at the Fort Smith, Arkansas
location of Whirlpool Corporation. The Department has
determined that these workers were sufficiently under the
control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Jones Lang LaSalle
working on-site at the Fort Smith, Arkansas location of
Whirlpool Corporation.
The amended notice applicable to TA-W-82,346 is hereby
issued as follows:
“All workers of Whirlpool Corporation, including on-site
leased workers from Aerotek/Tek Systems (subcontractor of
IBM Corporation)and Jones Lang LaSalle, Fort Smith,
Arkansas, who became totally or partially separated from
employment on or after October 7, 2012 through May 10, 2015,
and all workers in the group threatened with total or partial
separation from employment on the date of certification
through May 10, 2015, 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 2nd day of July, 2013.
/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-82,346
WHIRLPOOL CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK/TEK SYSTEMS (SUBCONTRACTOR OF IBM CORPORATION)
FORT SMITH, ARKANSAS
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 January 15, 2013 by a state workforce office on behalf of
workers of Whirlpool Corporation, Fort Smith Arkansas (Whirlpool
Corporation). The workers’ firm was engaged in activities related
to the production of refrigerators and trash compactors as well
as decommissioning work for the facility closure. The subject
worker group includes on-site leased workers from Aerotek/Tek
Systems (subcontractor of IBM Corporation).
Workers of Whirlpool Corporation, including on-site leased
workers from Aerotek/Tek Systems (subcontractor of IBM
Corporation), Fort Smith Arkansas, were previously found eligible
to apply for Trade Adjustment Assistance (TAA) under petition TA-W-
74,593 that expired on October 6, 2012.
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 an article like
or directly competitive with the article produced by the workers
which contributed importantly to worker group separations at
Whirlpool Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Whirlpool Corporation,
including on-site leased workers from Aerotek/Tek Systems
(subcontractor of IBM Corporation), Fort Smith Arkansas, who were
engaged in activities related to the production of refrigerators
and trash compactors as well as decommissioning work for the
facility closure, 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 Whirlpool Corporation, including on-site
leased workers from Aerotek/Tek Systems (subcontractor of
IBM Corporation), Fort Smith Arkansas, who became totally or
partially separated from employment on or after October 7,
2012 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 10th day of May, 2013.
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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