Petitioner Type: State
Impact Date: 09/10/2018
Filed Date: 09/11/2019
Most Recent Update: 09/25/2019
Determination Date: 09/25/2019
Expiration Date: 09/25/2021
Employment and Training Administration
TA-W-95,168
BAYER U.S. LLC
INCLUDING ON-SITE LEASED WORKERS FROM
BELCAN TECH SERVICES, COMPUTER TASK GROUP, US TECH SOLUTIONS,
YOH, A DAY & ZIMMERMANN COMPANY, AND ZING (ELITE)
MISHAWAKA, INDIANA
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 September 11, 2019 by a state workforce office on
behalf of workers of Bayer U.S. LLC, Mishawaka, Indiana
("Bayer"). The workers' firm is engaged in activities related
to the supply of customer logistics services supporting the
consumer health, pharmaceuticals, and business units. The
workers are engaged in activities related to the supply of
order to cash, demand planning, supply chain management, and
IT operation services. The subject worker group includes on-site
leased workers from Belcan Tech Services, Computer Task Group,
US Tech Solutions, YOH, A Day & Zimmermann Company, and Zing
(Elite).
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 shifted to a foreign country the supply of an service
like or directly competitive with the service supplied by the
workers which contributed importantly to worker group
separations at Bayer.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bayer U.S. LLC,
including on-site leased workers from Belcan Tech Services,
Computer Task Group, US Tech Solutions, YOH, A Day &
Zimmermann Company, and Zing (Elite), Mishawaka, Indiana, who
are engaged in activities related to the supply of order to
cash, demand planning, supply chain management, and IT
operation services 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 Bayer U.S. LLC, including on-site leased
workers from Belcan Tech Services, Computer Task Group,
US Tech Solutions, YOH, A Day & Zimmermann Company, and
Zing (Elite), Mishawaka, Indiana, who became totally or
partially separated from employment on or after September
10, 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 25th day of September 2019.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance