Petitioner Type: State
Impact Date: 09/01/2015
Filed Date: 09/02/2016
Most Recent Update: 08/17/2017
Determination Date: 10/13/2016
Expiration Date: 10/13/2018
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,175
DOW BUSINESS SERVICES, LLC
A WHOLLY OWNED SUBSIDIARY OF THE DOW CHEMICAL COMPANY
PROCURE TO PAY ORGANIZATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND
TATA CONSULTANCY SERVICES
MIDLAND, MICHIGAN
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 October 13, 2016, applicable to workers
and former workers of Dow Business Services, LLC, a wholly owned
subsidiary of The Dow Chemical Company, Procure to Pay
Organization, including on-site leased workers from Kelly
Services, Midland, Michigan. The Department’s Notice of
determination was published in the Federal Register on January
4, 2017 (82 FR 872).
At the request of the state workforce office, the
Department reviewed the certification applicable to the worker
group.
The company reports that workers leased from Tata
Consultancy Services were employed on-site at the Midland,
Michigan location of Dow Business Services, LLC, Procure to Pay
Organization. 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 Tata Consultancy
Services working on-site at Dow Business Services, LLC, Procure
to Pay Organization, Midland, Michigan.
The amended notice applicable to TA-W-92,175 is hereby
issued as follows:
"All workers of Dow Business Services, LLC, a wholly
owned subsidiary of The Dow Chemical Company, Procure
to Pay Organization, including on-site leased workers
from Kelly Services and Tata Consultancy Services,
Midland, Michigan, who became totally or partially
separated from employment on or after September 1,
2015 through October 13, 2018, 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 17th day of August, 2017
/s/ Del-Min Amy Chen
__________________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,175
DOW BUSINESS SERVICES, LLC
A WHOLLY OWNED SUBSIDIARY OF THE DOW CHEMICAL COMPANY
PROCURE TO PAY ORGANIZATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
MIDLAND, MICHIGAN
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 September 2, 2016 by a state workforce office on behalf
of workers of Dow Business Services, LLC, a wholly owned
subsidiary of The Dow Chemical Company, Procure to Pay
Organization, including on-site leased workers from Kelly
Services, Midland, Michigan (herein referred to as "Dow
Business Services, LLC"). The workers' firm is engaged in
activities related to the production of chemicals. The subject
worker group specifically supplies procure to pay services for
catalog management, purchase order processing, administering
payment of invoices, and travel expense management.
During the course of the investigation, information was
collected from the petitioner and 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 acquired from a foreign country services like or
directly competitive with services supplied by the workers which
contributed importantly to worker group separations at Dow
Business Services, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dow Business
Services, LLC, a wholly owned subsidiary of The Dow Chemical
Company, Procure to Pay Organization, including on-site leased
workers from Kelly Services, Midland, Michigan, who are engaged
in activities related to the supply of procure to pay services
for catalog management, purchase order processing,
administering payment of invoices, and travel expensive
management 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 Dow Business Services, LLC, a wholly owned
subsidiary of The Dow Chemical Company, Procure to Pay
Organization, including on-site leased workers from Kelly
Services, Midland, Michigan, who became totally or
partially separated from employment on or after September
1, 2015 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 13th day of October 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-92,175
DOW BUSINESS SERVICES, LLC
A WHOLLY OWNED SUBSIDIARY OF THE DOW CHEMICAL COMPANY
PROCURE TO PAY ORGANIZATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND
TATA CONSULTANCY SERVICES
MIDLAND, MICHIGAN
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 October 13, 2016, applicable to workers
and former workers of Dow Business Services, LLC, a wholly owned
subsidiary of The Dow Chemical Company, Procure to Pay
Organization, including on-site leased workers from Kelly
Services, Midland, Michigan. The Department’s Notice of
determination was published in the Federal Register on January
4, 2017 (82 FR 872).
At the request of the state workforce office, the
Department reviewed the certification applicable to the worker
group.
The company reports that workers leased from Tata
Consultancy Services were employed on-site at the Midland,
Michigan location of Dow Business Services, LLC, Procure to Pay
Organization. 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 Tata Consultancy
Services working on-site at Dow Business Services, LLC, Procure
to Pay Organization, Midland, Michigan.
The amended notice applicable to TA-W-92,175 is hereby
issued as follows:
"All workers of Dow Business Services, LLC, a wholly
owned subsidiary of The Dow Chemical Company, Procure
to Pay Organization, including on-site leased workers
from Kelly Services and Tata Consultancy Services,
Midland, Michigan, who became totally or partially
separated from employment on or after September 1,
2015 through October 13, 2018, 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 17th day of August, 2017
/s/ Del-Min Amy Chen
__________________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-92,175
DOW BUSINESS SERVICES, LLC
A WHOLLY OWNED SUBSIDIARY OF THE DOW CHEMICAL COMPANY
PROCURE TO PAY ORGANIZATION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
MIDLAND, MICHIGAN
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 September 2, 2016 by a state workforce office on behalf
of workers of Dow Business Services, LLC, a wholly owned
subsidiary of The Dow Chemical Company, Procure to Pay
Organization, including on-site leased workers from Kelly
Services, Midland, Michigan (herein referred to as "Dow
Business Services, LLC"). The workers' firm is engaged in
activities related to the production of chemicals. The subject
worker group specifically supplies procure to pay services for
catalog management, purchase order processing, administering
payment of invoices, and travel expense management.
During the course of the investigation, information was
collected from the petitioner and 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 acquired from a foreign country services like or
directly competitive with services supplied by the workers which
contributed importantly to worker group separations at Dow
Business Services, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dow Business
Services, LLC, a wholly owned subsidiary of The Dow Chemical
Company, Procure to Pay Organization, including on-site leased
workers from Kelly Services, Midland, Michigan, who are engaged
in activities related to the supply of procure to pay services
for catalog management, purchase order processing,
administering payment of invoices, and travel expensive
management 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 Dow Business Services, LLC, a wholly owned
subsidiary of The Dow Chemical Company, Procure to Pay
Organization, including on-site leased workers from Kelly
Services, Midland, Michigan, who became totally or
partially separated from employment on or after September
1, 2015 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 13th day of October 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance