DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,779

3M COMPANY
HOMECARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
PRIDE ONE, MANPOWER GROUP, EXPERIS, AND LAB SUPPORT
ELYRIA, OHIO

Notice of Revised Determination
on Reconsideration


On January 3, 2018, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of 3M Company, Homecare
Division, including on-site leased workers from Pride One,
Manpower Group, Experis, and Lab Support, Elyria, Ohio (3M
Company, Homecare Division). The notice was published in the
Federal Register on March 15, 2018 (83 FR 11527).
To support the request for reconsideration, the petitioner
supplied additional information regarding a possible trade impact
to supplement that which was gathered during the initial
investigation.
Based on additional information provided during the
reconsideration investigation, the Department of Labor
determines that the subject workers meet the worker group
certification criteria under Section 222(a) of the Act.
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)(A)(i) has been met because the sales
and/or production of cellulose sponge and block produced by 3M
Company, Homecare Division have decreased absolutely.
Section 222(a)(2)(A)(ii)(II)(aa) has been met because
company imports of finished articles containing articles like or
directly competitive with cellulose sponge and block produced by
3M Company, Homecare Division have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased company imports of finished articles contributed
importantly to the worker group separations and sales/production
declines at 3M Company, Homecare Division.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of 3M Company, Homecare
Division, including on-site leased workers from Pride One,
Manpower Group, Experis, and Lab Support, Elyria, Ohio, who were
engaged in employment related to the production of cellulose
sponge and block, 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 3M Company, Homecare Division, including on-
site leased workers from Pride One, Manpower Group, Experis,
and Lab Support, Elyria, Ohio who became totally or partially
separated from employment on or after March 31, 2016, through
two years from the date of this certification, and all workers
in the group threatened with total or partial separation from
employment on 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 6th day of June, 2018

/s/Jessica R. Webster
_____________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,779

3M COMPANY
HOMECARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
PRIDE ONE, MANPOWER GROUP, EXPERIS, AND LAB SUPPORT
ELYRIA, OHIO

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated December 14, 2017, the Chicago & Midwest
Regional Joint Board, Workers United/SEIU (“Joint Board”) requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of 3M Company,
Homecare Division, including on-site leased workers from Pride One,
Manpower Group, Experis, and Lab Support, Elyria, Ohio (“3M Company
– Homecare Division”). Workers of 3M Company - Homecare Division are
engaged in activities related to the production of cellulose sponge
and block. The determination was issued on November 17, 2017.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration includes new information,
including but not limited to information relating to a shift in
production of like or directly competitive articles to a foreign
country.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
workers meet the eligibility requirements of the Trade Act of 1974,
as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed at Washington, D.C., this 3rd day of January, 2018

/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-92,779

3M COMPANY
HOMECARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
PRIDE ONE, MANPOWER GROUP, EXPERIS, AND LAB SUPPORT
ELYRIA, OHIO

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the 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) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on March 31, 2017 by a company official on behalf of
workers of 3M Company, Homecare Division, Elyria, Ohio ("3M
Company"). The workers' firm is engaged in activities related
to the production of cellulose sponge and block. The subject
worker group include on-site leased workers from Pride One,
Manpower Group, Experis, and Lab Support.
The petitioner alleged that, "Cellulose manufacturing has
become increasingly challenging as capacity has been added in
China and Europe. This has negatively impacted 3M's cellulose
based branded products in Asia and Europe and uncovered OEM
block business globally. 3M decided to focus its cellulose
business more fully on its differentiated 3M Scotch-Brite(tm) and
ocelo(tm) brands and private-label products, and exit much of its
negative margin OEM block business which are produced primarily
at 3M's Elyria."
During the course of the investigation, information was
collected from the petitioner/workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Criterion (2)(A)(ii) has not been
met because imports of cellulose sponge or block by 3M Company,
have not increased in 2015, 2016, or during the period of
January thru March 2017. The subject firm did not report
imports of cellulose sponge or block, or like or directly
competitive articles. Any loss in sales reported by the company
was due to the decline in export customers. Imports of finished
articles containing cellulose sponge or blocks into the United
States were not occurring as the exports sales were for the
export market.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of cellulose sponge or block or a like or directly
competitive article to a foreign country or acquire cellulose
sponge or block or a like or directly competitive article from
a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that 3M Company, is not a Supplier to a
firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that 3M Company, does not act as a
Downstream Producer to a firm that employed a group of workers
who received a certification of eligibility under Section 222(a)
of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat
thereof.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of 3M Company, Homecare
Division, including on-site leased workers from Pride One,
Manpower Group, Experis, and Lab Support, Elyria, Ohio engaged
in activities related to the production of cellulose sponge and
block to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 17th day of November 2017.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance