Petitioner Type: State
Impact Date: 03/31/2013
Filed Date: 04/01/2014
Most Recent Update: 04/29/2014
Determination Date: 04/29/2014
Expiration Date: 04/29/2016
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,191
SOY BASICS, LLC
A WHOLLY-OWNED SUBSIDIARY OF S.C JOHNSON & SON, INC.
INCLUDING ONSITE LEASED WORKERS FROM MANPOWER AND LABOR READY
NEW HAMPTON, IOWA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 (Department) issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 29, 2014, applicable to workers and former workers of Soy Basics, LLC, a wholly owned subsidiary of S.C. Johnson & Son, Inc., including on-site leased workers from Manpower, New Hampton, Iowa. The workers are/were engaged in activities related to the production of soy candles.
At the request of a state workforce official, the Department reviewed the certification for workers of the subject firm.
The company reports that workers leased from Labor Ready were employed on-site at the New Hampton, Iowa location of Soy Basics, 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 Labor Ready working on-site at Soy Basics, LLC, a wholly owned subsidiary of S.C. Johnson & Son, Inc., New Hampton, Iowa.
The amended notice applicable to TA-W-85,191 is hereby issued as follows:
"All workers of Soy Basics, LLC, a wholly owned subsidiary of S.C. Johnson & Son, Inc., including on-site leased workers from Manpower and Labor Ready, New Hampton, Iowa, who became totally or partially separated from employment on or after March 31, 2013 through April 29, 2016, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 14th day of May, 2014
/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-85,191
SOY BASICS, LLC
A WHOLLY-OWNED SUBSIDIARY OF S.C JOHNSON & SON, INC.
INCLUDING ONSITE LEASED WORKERS FROM MANPOWER
NEW HAMPTON, IOWA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a petition
filed on April 1, 2014, by a State Workforce Agency on behalf
of workers from Soy Basics, LLC, a wholly subsidiary of S.C.
Johnson & Son, Inc., New Hampton, Iowa (Soy Basics). The
workers' firm is engaged activities related to the production of
soy-based candles. The worker groups are not separately
identifiable by products produced by the firm. The worker group
includes on-site leased workers from Manpower.
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 employment
decline is related to the shift in production to a foreign
country which is a party to a free trade agreement with the U.S.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older. Section 246(a)(3)(A)(ii)(II) has been met
because the workers in the workers' firm possess skills that are
not easily transferrable. Section 246(a)(3)(A)(ii)(III) has been
met because conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Soy Basics, LLC, a
wholly owned subsidiary of S.C. Johnson & Son, Inc., New
Hampton, Iowa, who are engaged in activities related to the
production of soy-based candles, 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 Soy Basics, LLC, an wholly owned subsidiary
of S.C. Johnson & Son, Inc., including on-site leased
workers from Manpower, New Hampton, Iowa, who became
totally or partially separated from employment on or after
March 31, 2013 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 29th day of April, 2014
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,191
SOY BASICS, LLC
A WHOLLY-OWNED SUBSIDIARY OF S.C JOHNSON & SON, INC.
INCLUDING ONSITE LEASED WORKERS FROM MANPOWER AND LABOR READY
NEW HAMPTON, IOWA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 (Department) issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 29, 2014, applicable to workers and former workers of Soy Basics, LLC, a wholly owned subsidiary of S.C. Johnson & Son, Inc., including on-site leased workers from Manpower, New Hampton, Iowa. The workers are/were engaged in activities related to the production of soy candles.
At the request of a state workforce official, the Department reviewed the certification for workers of the subject firm.
The company reports that workers leased from Labor Ready were employed on-site at the New Hampton, Iowa location of Soy Basics, 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 Labor Ready working on-site at Soy Basics, LLC, a wholly owned subsidiary of S.C. Johnson & Son, Inc., New Hampton, Iowa.
The amended notice applicable to TA-W-85,191 is hereby issued as follows:
"All workers of Soy Basics, LLC, a wholly owned subsidiary of S.C. Johnson & Son, Inc., including on-site leased workers from Manpower and Labor Ready, New Hampton, Iowa, who became totally or partially separated from employment on or after March 31, 2013 through April 29, 2016, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D.C. this 14th day of May, 2014
/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-85,191
SOY BASICS, LLC
A WHOLLY-OWNED SUBSIDIARY OF S.C JOHNSON & SON, INC.
INCLUDING ONSITE LEASED WORKERS FROM MANPOWER
NEW HAMPTON, IOWA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a petition
filed on April 1, 2014, by a State Workforce Agency on behalf
of workers from Soy Basics, LLC, a wholly subsidiary of S.C.
Johnson & Son, Inc., New Hampton, Iowa (Soy Basics). The
workers' firm is engaged activities related to the production of
soy-based candles. The worker groups are not separately
identifiable by products produced by the firm. The worker group
includes on-site leased workers from Manpower.
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 employment
decline is related to the shift in production to a foreign
country which is a party to a free trade agreement with the U.S.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older. Section 246(a)(3)(A)(ii)(II) has been met
because the workers in the workers' firm possess skills that are
not easily transferrable. Section 246(a)(3)(A)(ii)(III) has been
met because conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Soy Basics, LLC, a
wholly owned subsidiary of S.C. Johnson & Son, Inc., New
Hampton, Iowa, who are engaged in activities related to the
production of soy-based candles, 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 Soy Basics, LLC, an wholly owned subsidiary
of S.C. Johnson & Son, Inc., including on-site leased
workers from Manpower, New Hampton, Iowa, who became
totally or partially separated from employment on or after
March 31, 2013 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 29th day of April, 2014
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance