Petitioner Type: Union
Impact Date: 09/29/2014
Filed Date: 09/30/2015
Most Recent Update: 01/10/2016
Determination Date: 01/10/2016
Expiration Date: 01/10/2018
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-91,005
ASARCO, LLC
HAYDEN CONCENTRATOR DIVISION
A SUBSIDIARY OF GRUPO MEXICO S.A.B. DE C.V
AMERICAS MINING CORPORATION
ASARCO INCORPORATED
ASARCO USA INCORPORATED
INCLUDING ON-SITE LEASED WORKERS FROM ALLSTAFF, GEO TEMPS,
JALIN, NESCO RESOURCE, SELECT STAFF, SOS STAFFING, STAFF
MATTERS, STAFFING SOLUTIONS, TEK SYSTEMS, INC., TEMP CONNECTION,
TECHNICAL PROFESSIONALS GROUP, LLC,
VOLT SERVICES GROUP, AND VACO, LLC
HAYDEN, ARIZONA
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 on September 30, 2015 by the United Steelworkers on
behalf of workers of ASARCO, LLC, Hayden Concentrator Division,
a subsidiary of Grupo Mexico S.A.B. de C.V, Americas Mining
Corporation, ASARCO Incorporated, ASARCO USA Incorporated,
Hayden, Arizona (ASARCO-Hayden). The workers' firm is engaged
in activities related to the production of copper products. The
workers are not separately identifiable by article produced. The
worker group includes on-site leased workers from Allstaff,
GeoTemps, JaLin, NESCO Resource, Select Staff, SOS Staffing,
Staff Matters, Staffing Solutions, TEK Systems, Inc., Temp
Connection, Technical Professionals Group, LLC, Volt Services
Group, and Vaco, LLC.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at ASARCO-Hayden have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of copper products by ASARCO-Hayden have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by ASARCO-Hayden have increased during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at ASARCO-Hayden.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ASARCO-Hayden, who
are engaged in activities related to the production of copper
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 ASARCO, LLC, Hayden Concentrator Division,
a subsidiary of Grupo Mexico S.A.B.de C.V, Americas
Mining Corporation, ASARCO Incorporated, ASARCO USA
Incorporated, including on-site leased workers from
Allstaff, GeoTemps, JaLin, NESCO Resource, Select Staff,
SOS Staffing, Staff Matters, Staffing Solutions, TEK
Systems, Inc., Temp Connection, Technical Professionals
Group, LLC, Volt Services Group, and Vaco, LLC, Hayden,
Arizona, who became totally or partially separated from
employment on or after September 29, 2014 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 January, 2016
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-91,005
ASARCO, LLC
HAYDEN CONCENTRATOR DIVISION
A SUBSIDIARY OF GRUPO MEXICO S.A.B. DE C.V
AMERICAS MINING CORPORATION
ASARCO INCORPORATED
ASARCO USA INCORPORATED
INCLUDING ON-SITE LEASED WORKERS FROM ALLSTAFF, GEO TEMPS,
JALIN, NESCO RESOURCE, SELECT STAFF, SOS STAFFING, STAFF
MATTERS, STAFFING SOLUTIONS, TEK SYSTEMS, INC., TEMP CONNECTION,
TECHNICAL PROFESSIONALS GROUP, LLC,
VOLT SERVICES GROUP, AND VACO, LLC
HAYDEN, ARIZONA
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 on September 30, 2015 by the United Steelworkers on
behalf of workers of ASARCO, LLC, Hayden Concentrator Division,
a subsidiary of Grupo Mexico S.A.B. de C.V, Americas Mining
Corporation, ASARCO Incorporated, ASARCO USA Incorporated,
Hayden, Arizona (ASARCO-Hayden). The workers' firm is engaged
in activities related to the production of copper products. The
workers are not separately identifiable by article produced. The
worker group includes on-site leased workers from Allstaff,
GeoTemps, JaLin, NESCO Resource, Select Staff, SOS Staffing,
Staff Matters, Staffing Solutions, TEK Systems, Inc., Temp
Connection, Technical Professionals Group, LLC, Volt Services
Group, and Vaco, LLC.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at ASARCO-Hayden have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of copper products by ASARCO-Hayden have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by ASARCO-Hayden have increased during the relevant
period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at ASARCO-Hayden.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ASARCO-Hayden, who
are engaged in activities related to the production of copper
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 ASARCO, LLC, Hayden Concentrator Division,
a subsidiary of Grupo Mexico S.A.B.de C.V, Americas
Mining Corporation, ASARCO Incorporated, ASARCO USA
Incorporated, including on-site leased workers from
Allstaff, GeoTemps, JaLin, NESCO Resource, Select Staff,
SOS Staffing, Staff Matters, Staffing Solutions, TEK
Systems, Inc., Temp Connection, Technical Professionals
Group, LLC, Volt Services Group, and Vaco, LLC, Hayden,
Arizona, who became totally or partially separated from
employment on or after September 29, 2014 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 January, 2016
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance