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TAW-94934  /  Kimberly-Clark Corporation (Conway, AR)

Petitioner Type: State
Impact Date: 06/24/2018
Filed Date: 06/25/2019
Most Recent Update: 07/21/2020
Determination Date: 07/28/2019
Expiration Date: 07/28/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,934

KIMBERLY-CLARK CORPORATION
PERSONAL CARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
SEC, HOLMAN DISTRIBUTION, FIRST STAFF,
GUIDANT GLOBAL, SECURITAS USA, AND
AHI SMALL BUSINESS FACILITY SERVICES
CONWAY, ARKANSAS

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 July 28, 2019, applicable to workers of Kimberly-
Clark Corporation, Personal Care division, including on-site
leased workers from SEC, Holman Distribution, and First Staff,
Conway, Arkansas. The Department’s notice of determination was
published in the Federal Register on August 29, 2019 (84 FR 168).
At the request a group of workers, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in activities related to the production of feminine hygiene
products and base material utilized for partnership products, as
described in the affirmative determination.
The worker group reported that the subject firm utilized
leased workers from Securitas USA and AHI Small Business Facility
Services, which were excluded from the original certification. The
subject firm verified that workers of these firms were assigned to
Kimberly-Clark Corporation, Personal Care division, Conway,
Arkansas, during the period under investigation. It was also
revealed that workers from an additional firm, Guidant Global, were
also being utilized at the Conway, Arkansas facility. Accordingly,
the Department has determined that these workers were sufficiently
under the operational control of the firm to be considered leased
workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by the
shift in production to a foreign country by the workers’ firm.
The amended notice applicable to TA-W-94,934, is hereby issued
as follows:
“All workers of Kimberly-Clark Corporation, Personal Care
division, including on-site leased workers from SEC, Holman
Distribution, First Staff, Guidant Global, Securitas USA,
and AHI Small Business Facility Services, Conway, Arkansas,
who became totally or partially separated from employment on
or after June 24, 2018, through July, 28, 2021, 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 21st day of July, 2020

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,934

KIMBERLY-CLARK CORPORATION
PERSONAL CARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
SEC, HOLMAN DISTRIBUTION, AND FIRST STAFF
CONWAY, ARKANSAS

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 June 25, 2019, by a state workforce office on behalf
of workers of Kimberly-Clark Corporation, Personal Care
division, including on-site leased workers from SEC, Holman
Distribution, and First Staff, Conway, Arkansas. The workers'
firm is engaged in activities related to the production of
feminine hygiene products and base material utilized for
partnership products.
During the course of the investigation, information was
collected from the petitioner and 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 shifted to a foreign country the production of an
article like or directly competitive with the article produced,
and acquired from a foreign country articles like or directly
competitive with articles produced by the workers which
contributed importantly to the worker group separations at
Kimberly-Clark Corporation, Conway, Arkansas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kimberly-Clark
Corporation, Personal Care division, including on-site leased
workers from SEC, Holman Distribution, and First Staff,
Conway, Arkansas, who are engaged in activities related to the
production of feminine hygiene products and base material
utilized for partnership products, 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 Kimberly-Clark Corporation, Personal Care
division, including on-site leased workers from SEC,
Holman Distribution, and First Staff, Conway, Arkansas,
who became totally or partially separated from employment
on or after June 24, 2018, 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 28th day of July 2019.

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