Petitioner Type: State
Impact Date: 08/01/2018
Filed Date: 08/02/2019
Most Recent Update: 05/12/2020
Determination Date: 09/13/2019
Expiration Date: 09/13/2021
Employment and Training Administration
TA-W-95,041
NEWELL BRANDS
RUBBERMAID COMMERCIAL PRODUCTS
INCLUDING ON-SITE LEASED WORKERS FROM LIFE STYLE STAFFING AND
SMX STAFFING A/K/A STAFF MANAGEMENT
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
IGNITE HOLDINGS, LLC
WINCHESTER, VIRGINIA
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 October 28, 2019, applicable to workers
and former workers of Newell Brands, Rubbermaid Commercial
Products, including on-site leased workers from Life Style
Staffing, Winchester, Virginia. On January 17, 2020, the
Department of Labor issued an Amended Certification Regarding
Eligibility to Apply for Worker Adjustment Assistance,
applicable to workers of Newell Brands, Rubbermaid Commercial
Products, including on-site leased workers from Life Style
Staffing, including workers whose wages were reported under
Ignite Holdings, LLC, Winchester, Virginia. The subject workers
are/were engaged in the production of metal decorative refuse.
At the request of the state workforce office, the
Department reviewed the certification.
The company reports that workers leased from SMX Staffing
a/k/a Staff Management were employed on-site at the Winchester,
Virginia location of Newell Brands, Rubbermaid Commercial
Products during the relevant period. The Department has
determined that these workers were sufficiently under the
control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from SMX Staffing a/k/a
Staff Management working on-site at the Winchester, Virginia
facility.
The amended notice applicable to TA-W-95,041 is hereby
issued as follows:
"All workers of Newell Brands, Rubbermaid Commercial
Products, including on-site leased workers from Life
Style Staffing and SMX Staffing a/k/a Staff
Management, including workers whose wages were
reported under Ignite Holdings, LLC, Winchester,
Virginia, who became totally or partially separated
from employment on or after August 1, 2018 through
September 13, 2021, and all workers in the group
threatened with total or partial separation from
employment on September 13, 2019 through September 13,
2021, 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 12th day of May, 2020
/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-95,041
NEWELL BRANDS
RUBBERMAID COMMERCIAL PRODUCTS
INCLUDING ON-SITE LEASED WORKERS
FROM LIFE STYLE STAFFING
WINCHESTER, VIRGINIA
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 2, 2019 by a state workforce office on behalf of
workers of Newell Brands, Rubbermaid Commercial Products,
Winchester, Virginia. The workers' firm is engaged in
activities related to the production of metal decorative refuse.
The subject worker group includes on-site leased workers from
Life Style Staffing.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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 Newell
Brands, Rubbermaid Commercial Products, Winchester, Virginia.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Newell Brands,
Rubbermaid Commercial Products, Winchester, Virginia, who are
engaged in activities related to the production of metal
decorative refuse 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 Newell Brands, Rubbermaid Commercial
Products, including on-site leased workers from Life
Style Staffing, Winchester, Virginia, who became totally
or partially separated from employment on or after August
1, 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 13th day of September 2019.
/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance