Certified
« back to search results

TAW-93017  /  Hearthmark, LLC (Cloquet, MN)

Petitioner Type: State
Impact Date: 07/14/2016
Filed Date: 07/17/2017
Most Recent Update: 10/25/2017
Determination Date: 10/25/2017
Expiration Date: 10/25/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,017

HEARTHMARK, LLC
A WHOLLY-OWNED SUBSIDIARY OF NEWELL BRANDS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
CLOQUET, MINNESOTA

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 July 14, 2017 by a state workforce office on behalf of
workers of Hearthmark, LLC, a wholly-owned subsidiary of Newell
Brands, Inc., Cloquet, Minnesota ("Hearthmark, LLC"). The
subject firm manufactures consumer and commercial products. The
subject worker group is engaged in activities related to the
production of Diamond-brand matches and toothpicks. The worker
group includes on-site leased workers from Kelly Services.
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 articles like or directly
competitive with articles produced by the workers which
contributed importantly to worker group separations at Hearthmark,
LLC. 29 C.F.R. 90.2 defines firm as, "...an individual
proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court. A firm, together with any predecessor or successor-in-
interest, or together with any affiliated firm controlled or
substantially beneficially owned by substantially the same
persons, may be considered a single firm." Though Hearthmark, LLC
did not acquire like or directly competitive articles from a
foreign country the successor-in-interest of the business did.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hearthmark, LLC, a
wholly-owned subsidiary of Newell Brands, Inc., including on-
site leased workers from Kelly Services, Cloquet, Minnesota, who
are engaged in activities related to the production of Diamond-
brand matches and toothpicks, 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 Hearthmark, LLC, a wholly-owned subsidiary
of Newell Brands, Inc., including on-site leased workers
from Kelly Services, Cloquet, Minnesota, who became totally
or partially separated from employment on or after July 14,
2016 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 25th day of October 2017.

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