Petitioner Type: State
Impact Date: 03/17/2019
Filed Date: 03/18/2020
Most Recent Update: 04/23/2020
Determination Date: 04/23/2020
Expiration Date: 04/23/2022
Employment and Training Administration
TA-W-95,823
SBM SITE SERVICES LLC
A WHOLLY-OWNED SUBSIDIARY OF SBM MANAGEMENT SERVICES LP
WICHITA, KANSAS
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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm have
become totally or partially separated, or are threatened to
become totally or partially separated;
(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act,
19 U.S.C. § 2272(a), and such supply or production is related
to the article or service that was the basis for such
certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to the workers' separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for a certification of eligibility
under subsection (a) [of Section 222 of the Act] of a group of
workers employed by such other firm."
The investigation was initiated in response to a petition
filed on March 18, 2020 by the state workforce office on behalf
of workers and former workers of SBM Site Services LLC, a wholly-
owned subsidiary of SBM Management Services LP, Wichita, Kansas
(SBM-Wichita). The workers' firm is engaged in activities related
to the supply of various maintenance services (such as
janitorial and building maintenance). The worker group consist
of workers of SBM Site Services LLC on-site at a client facility
in Wichita, Kansas.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in SBM-Wichita have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(b)(2) has been met because SBM-Wichita is a
Supplier to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a), and such supply is related to the article that
was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by SBM-Wichita with the afore-referenced firm
contributed importantly to worker separations at SBM-Wichita.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SBM-Wichita, who are
engaged in activities related to the supply of maintenance
services, meet the worker group certification criteria under
Section 222(b) of the Act, 19 U.S.C. § 2272(b). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of SBM Site Services LLC, a wholly-owned
subsidiary of SBM Management Services LP, Wichita, Kansas,
who became totally or partially separated from employment on
or after March 17, 2019 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 23rd day of April 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance