Petitioner Type: Workers
Impact Date: 08/29/2017
Filed Date: 08/30/2018
Most Recent Update: 09/13/2018
Determination Date: 09/13/2018
Expiration Date: 09/13/2020
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,101
FLSMIDTH INC.
CEMENT DIVISION
A SUBSIDIARY OF FLSMIDTH A/S
INCLUDING ON-SITE LEASED WORKERS FROM PEAK TECHNICAL STAFFING
USA AND ALLIED PERSONNEL SERVICES,
BETHLEHEM, PENNSYLVANIA
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 August 30, 2018 by three workers on behalf of workers
of FLSmidth Inc., Cement Division, a subsidiary of FLSmidth
A/S, including on-site leased workers from Peak Technical
Staffing USA and Allied Personnel Services, Bethlehem,
Pennsylvania (herein referred to as "FLSmidth"). The subject
firm is a supplier of equipment and engineering services to the
mining and cement industries. The worker group is engaged in
activities related to the supply of engineering, information
technology, procurement, and sales services within the mining
and cement industries.
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
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 shifted to a foreign country the supply of a service
like or directly competitive with the services by the workers
which contributed importantly to worker group separations at
FLSmidth.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FLSmidth Inc., Cement
Division, a subsidiary of FLSmidth A/S, including on-site
leased workers from Peak Technical Staffing USA and Allied
Personnel Services, Bethlehem, Pennsylvania, who are engaged in
activities related to the supply of engineering, information
technology, procurement, and sales services within the mining
and cement industries 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 FLSmidth Inc., Cement Division, a
subsidiary of FLSmidth A/S, including on-site leased
workers from Peak Technical Staffing USA and Allied
Personnel Services, Bethlehem, Pennsylvania, who became
totally or partially separated from employment on or after
August 29, 2017 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 September 2018.
/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-94,101
FLSMIDTH INC.
CEMENT DIVISION
A SUBSIDIARY OF FLSMIDTH A/S
INCLUDING ON-SITE LEASED WORKERS FROM PEAK TECHNICAL STAFFING
USA AND ALLIED PERSONNEL SERVICES,
BETHLEHEM, PENNSYLVANIA
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 August 30, 2018 by three workers on behalf of workers
of FLSmidth Inc., Cement Division, a subsidiary of FLSmidth
A/S, including on-site leased workers from Peak Technical
Staffing USA and Allied Personnel Services, Bethlehem,
Pennsylvania (herein referred to as "FLSmidth"). The subject
firm is a supplier of equipment and engineering services to the
mining and cement industries. The worker group is engaged in
activities related to the supply of engineering, information
technology, procurement, and sales services within the mining
and cement industries.
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
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 shifted to a foreign country the supply of a service
like or directly competitive with the services by the workers
which contributed importantly to worker group separations at
FLSmidth.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FLSmidth Inc., Cement
Division, a subsidiary of FLSmidth A/S, including on-site
leased workers from Peak Technical Staffing USA and Allied
Personnel Services, Bethlehem, Pennsylvania, who are engaged in
activities related to the supply of engineering, information
technology, procurement, and sales services within the mining
and cement industries 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 FLSmidth Inc., Cement Division, a
subsidiary of FLSmidth A/S, including on-site leased
workers from Peak Technical Staffing USA and Allied
Personnel Services, Bethlehem, Pennsylvania, who became
totally or partially separated from employment on or after
August 29, 2017 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 September 2018.
/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance