Certified
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TAW-92237  /  The Dow Chemical Company (Midland, MI)

Petitioner Type: State
Impact Date: 09/21/2015
Filed Date: 09/22/2016
Most Recent Update: 10/20/2016
Determination Date: 10/20/2016
Expiration Date: 10/20/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,237

THE DOW CHEMICAL COMPANY
IT OPERATIONS GROUP
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 22, 2016 by a state workforce office on
behalf of workers of The Dow Chemical Company, IT Operations
Group, including on-site leased workers from Kelly Services,
Midland, Michigan (herein referred to as "The Dow Chemical
Company"). The workers' firm is engaged in activities related
to the production of chemicals. The subject worker group
specifically supplies a variety of functions within the IT
Operations group, including system availability monitoring,
backup administration, response to system alerts and upcoming
job tickets, batch job scheduling, and data center operations.
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 The Dow
Chemical Company.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Dow Chemical
Company, IT Operations Group, including on-site leased workers
from Kelly Services, Midland, Michigan, who are engaged in
activities related to the supply of a variety of functions
within the IT Operations group, including system availability
monitoring, backup administration, response to system alerts
and upcoming job tickets, batch job scheduling, and data
center operations 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 The Dow Chemical Company, IT Operations
Group, including on-site leased workers from Kelly
Services, Midland, Michigan, who became totally or
partially separated from employment on or after September
21, 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 20th day of October 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance