Petitioner Type: State
Impact Date: 03/06/2012
Filed Date: 03/07/2013
Most Recent Update: 04/08/2013
Determination Date: 04/08/2013
Expiration Date: 04/08/2015
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,531
APEX TOOL GROUP, LLC
A SUBSIDIARY OF BAIN CAPITAL
NORTH AMERICAN HAND TOOLS OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM 1ST EMPLOYMENT
STAFFING,
TEC STAFFING SERVICES AND KELLY STAFFING SERVICES
SPRINGDALE, 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 April 8, 2013, applicable to workers
of Apex Tool Group, LLC, a subsidiary Of Bain Capital, North
American Hand Tools Operations, including on-site leased workers
from TEC Staffing Services and Kelly Staffing Services,
Springdale, Arkansas. The Department of Labor published the
Notice of Determination in the Federal Register on May 15, 2013
(78 FR 28636).
At the request of the company official, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in activities related to the production of tool set
kits and horseshoes.
The company reports that workers leased from 1st Employment
Staffing were on-site at the Springdale, Arkansas location of
Apex Tool Group, LLC. 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 1st Employment
Staffing working on-site at the Springdale, Arkansas location
of Apex Tool Group, LLC.
The amended notice applicable to TA-W-82,531 is hereby issued as
follows:
"All workers of Apex Tool Group, LLC, a subsidiary Of Bain Capital,
North American Hand Tools Operations, including on-site leased
workers from 1st Employment Staffing, TEC Staffing Services and
Kelly Staffing Services, Springdale, Arkansas, who became totally
or partially separated from employment on or after March 6, 2012
through April 8, 2015, 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 March, 2015
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
BUSINESS CONFIDENTIAL
TA-W-82,531
APEX TOOL GROUP, LLC
A SUBSIDIARY OF BAIN CAPITAL
NORTH AMERICAN HAND TOOLS OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM
TEC STAFFING SERVICES AND KELLY STAFFING SERVICES
SPRINGDALE, 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 March 7, 2013 by a company official on behalf of workers
of Apex Tool Group, LLC, a subsidiary Of Bain Capital, North
American Hand Tools Operations, including on-site leased
workers from TEC Staffing Services and Kelly Staffing Services,
Springdale, Arkansas (Apex). The workers' firm is engaged in
activities related to the production of tool set kits and
horseshoes.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Apex have become totally or
partially separated, or are threatened with such separation.
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 those produced by the workers, which
contributed importantly to worker group separations at Apex.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Apex Tool Group, LLC,
North American Hand Tools Operations, Springdale, Arkansas, who
are engaged in activities related to the production of tool set
kits and horseshoes, 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 Apex Tool Group, LLC, a subsidiary Of Bain
Capital, North American Hand Tools Operations, including
on-site leased workers from TEC Staffing Services and
Kelly Staffing Services, Springdale, Arkansas, who became
totally or partially separated from employment on or after
March 6, 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 8th day of April, 2013
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-82,531
APEX TOOL GROUP, LLC
A SUBSIDIARY OF BAIN CAPITAL
NORTH AMERICAN HAND TOOLS OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM 1ST EMPLOYMENT
STAFFING,
TEC STAFFING SERVICES AND KELLY STAFFING SERVICES
SPRINGDALE, 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 April 8, 2013, applicable to workers
of Apex Tool Group, LLC, a subsidiary Of Bain Capital, North
American Hand Tools Operations, including on-site leased workers
from TEC Staffing Services and Kelly Staffing Services,
Springdale, Arkansas. The Department of Labor published the
Notice of Determination in the Federal Register on May 15, 2013
(78 FR 28636).
At the request of the company official, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in activities related to the production of tool set
kits and horseshoes.
The company reports that workers leased from 1st Employment
Staffing were on-site at the Springdale, Arkansas location of
Apex Tool Group, LLC. 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 1st Employment
Staffing working on-site at the Springdale, Arkansas location
of Apex Tool Group, LLC.
The amended notice applicable to TA-W-82,531 is hereby issued as
follows:
"All workers of Apex Tool Group, LLC, a subsidiary Of Bain Capital,
North American Hand Tools Operations, including on-site leased
workers from 1st Employment Staffing, TEC Staffing Services and
Kelly Staffing Services, Springdale, Arkansas, who became totally
or partially separated from employment on or after March 6, 2012
through April 8, 2015, 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 March, 2015
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
BUSINESS CONFIDENTIAL
TA-W-82,531
APEX TOOL GROUP, LLC
A SUBSIDIARY OF BAIN CAPITAL
NORTH AMERICAN HAND TOOLS OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM
TEC STAFFING SERVICES AND KELLY STAFFING SERVICES
SPRINGDALE, 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 March 7, 2013 by a company official on behalf of workers
of Apex Tool Group, LLC, a subsidiary Of Bain Capital, North
American Hand Tools Operations, including on-site leased
workers from TEC Staffing Services and Kelly Staffing Services,
Springdale, Arkansas (Apex). The workers' firm is engaged in
activities related to the production of tool set kits and
horseshoes.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Apex have become totally or
partially separated, or are threatened with such separation.
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 those produced by the workers, which
contributed importantly to worker group separations at Apex.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Apex Tool Group, LLC,
North American Hand Tools Operations, Springdale, Arkansas, who
are engaged in activities related to the production of tool set
kits and horseshoes, 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 Apex Tool Group, LLC, a subsidiary Of Bain
Capital, North American Hand Tools Operations, including
on-site leased workers from TEC Staffing Services and
Kelly Staffing Services, Springdale, Arkansas, who became
totally or partially separated from employment on or after
March 6, 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 8th day of April, 2013
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance