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TAW-83258  /  Apex Tool Group - Dallas Operations (Garland, TX)

Petitioner Type: State
Impact Date: 12/03/2012
Filed Date: 12/04/2013
Most Recent Update: 01/09/2014
Determination Date: 01/09/2014
Expiration Date: 01/09/2016

DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-83,258

APEX TOOL GROUP - DALLAS OPERATIONS
A SUBSIDIARY OF BAIN CAPITAL
INCLUDING ON-SITE LEASED WORKERS FROM
EMPLOYEE SOLUTIONS AND AEROTEK
GARLAND, TEXAS

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 December 4, 2013 by a company official on behalf of
workers of Apex Tool Group, Dallas Operations, a subsidiary of
Bain Capital, including on-site leased workers from Employee
Solutions and Aerotek, Garland, Texas (subject firm).
The workers' firm is engaged in activities related to the
production of hand tools for kits and sets.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at the subject 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 those produced by the workers, which
contributed importantly to worker group separations at the
Garland facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Apex Tool Group, Dallas
Operations, a subsidiary of Bain Capital, including on-site
leased workers from Employee Solutions and Aerotek, Garland,
Texas, who are engaged in activities related to the production of
hand tools, 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, Dallas Operations, a
subsidiary of Bain Capital, including on-site leased
workers from Employee Solutions and Aerotek, Garland,
Texas, who became totally or partially separated from
employment on or after December 3, 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 9th day of January, 2014


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