Petitioner Type: State
Impact Date: 06/24/2020
Filed Date: 06/25/2021
Most Recent Update: 02/15/2022
Determination Date: 02/15/2022
Expiration Date: 02/15/2024
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-97,015
MARATHON PETROLEUM CORPORATION
KENAI AK REFINERY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER MARATHON
PETROLEUM COMPANY LP AND MARATHON REFINING LOGISTICS SERVICES LLC
KENAI, ALASKA
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 24, 2021 and
filed on June 25, 2021 by a State Workforce Office, on behalf of workers and former workers of
Marathon Petroleum Corporation, Kenai AK Refinery, Kenai, Alaska (hereafter referred to as the
"worker group"). The group of workers also consists of workers whose wages were reported under
Marathon Petroleum Company LP and Marathon Refining Logistics Services LLC. In accordance
with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of teleworkers and staffed
workers."
The worker group is engaged in activities related to the production of gasoline and distillate
fuels and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, increased production by
OPEC nations forcing US oil production to reduce, or halt, to a level that has led to a significant
number of US oil and gas drilling, refinery, marketing, transport, and oil field services workers'
positions to be eliminated.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618.225(a)(2)(i)(B) states that an "analysis of separation data must generally
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual
and threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Decreased Sales or Production Criterion
(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely;
According to 20 C.F.R. 618.225(a)(2)(ii)(B), "Analysis of sales or production data must
generally consist of a comparison of sales or production data on the petition date to sales or
production data on the date that is 1 year prior to the petition date."
The Department determines that the decreased sales or production criterion has been met.
Increased Imports Criterion
(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles
produced or services supplied by such firm have increased.
20 C.F.R. 618.110 defines increased imports to mean "that imports have increased either
absolutely or relative to domestic production compared to a representative base period. The
representative base period will be 1 year consisting of the 4 quarters immediately preceding the
date that is 12 months prior to the date of the petition."
The Department determines that the increased imports criterion has been met.
Contributed Importantly Criterion
(2)(A)(iii) The increase in imports described in clause (ii) contributed importantly to such
workers' separation or threat of separation and to the decline in the sales or production
of such firm.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause." In determining
contributed importantly, according to 20 C.F.R. 618.225(a)(2)(iv) "(A) Analysis of the impact of
increased imports on worker separations and declines in sales or production at the workers' firm
must generally consist of determining: (1) Whether there are one or more events, or factors, that
lessen or sever the causal nexus between the increase in imports and worker separations or threat
of separation, and the decline in sales and production at the workers' firm; (2) What percentage
of the workers' firm sales or production declines was attributable to the firm's increased imports;
(3) What percentage of the workers' firm customer(s) sales or production declines was attributable
to the firm's increased imports; and (4) Whether there are other events or factors that mitigate or
amplify the impact of increased imports on the workers' firm. (B) The impact may be determined
using a quantitative or qualitative analysis."
The department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Marathon Petroleum Corporation, Kenai AK Refinery, including workers whose wages were
reported under Marathon Petroleum Company LP and Marathon Refining Logistics Services LLC,
Kenai, Alaska, who are engaged in activities related to the production of gasoline and distillate fuels
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 Marathon Petroleum Corporation, Kenai AK Refinery, including workers
whose wages were reported under Marathon Petroleum Company LP and Marathon
Refining Logistics Services LLC, Kenai, Alaska, who became totally or partially separated
from employment on or after June 24, 2020 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 15th day of February, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-97,015
MARATHON PETROLEUM CORPORATION
KENAI AK REFINERY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER MARATHON
PETROLEUM COMPANY LP AND MARATHON REFINING LOGISTICS SERVICES LLC
KENAI, ALASKA
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 24, 2021 and
filed on June 25, 2021 by a State Workforce Office, on behalf of workers and former workers of
Marathon Petroleum Corporation, Kenai AK Refinery, Kenai, Alaska (hereafter referred to as the
"worker group"). The group of workers also consists of workers whose wages were reported under
Marathon Petroleum Company LP and Marathon Refining Logistics Services LLC. In accordance
with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of teleworkers and staffed
workers."
The worker group is engaged in activities related to the production of gasoline and distillate
fuels and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, increased production by
OPEC nations forcing US oil production to reduce, or halt, to a level that has led to a significant
number of US oil and gas drilling, refinery, marketing, transport, and oil field services workers'
positions to be eliminated.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618.225(a)(2)(i)(B) states that an "analysis of separation data must generally
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual
and threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Decreased Sales or Production Criterion
(2)(A)(i) The sales or production, or both, of such firm have decreased absolutely;
According to 20 C.F.R. 618.225(a)(2)(ii)(B), "Analysis of sales or production data must
generally consist of a comparison of sales or production data on the petition date to sales or
production data on the date that is 1 year prior to the petition date."
The Department determines that the decreased sales or production criterion has been met.
Increased Imports Criterion
(2)(A)(ii)(I) Imports of articles or services like or directly competitive with articles
produced or services supplied by such firm have increased.
20 C.F.R. 618.110 defines increased imports to mean "that imports have increased either
absolutely or relative to domestic production compared to a representative base period. The
representative base period will be 1 year consisting of the 4 quarters immediately preceding the
date that is 12 months prior to the date of the petition."
The Department determines that the increased imports criterion has been met.
Contributed Importantly Criterion
(2)(A)(iii) The increase in imports described in clause (ii) contributed importantly to such
workers' separation or threat of separation and to the decline in the sales or production
of such firm.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause." In determining
contributed importantly, according to 20 C.F.R. 618.225(a)(2)(iv) "(A) Analysis of the impact of
increased imports on worker separations and declines in sales or production at the workers' firm
must generally consist of determining: (1) Whether there are one or more events, or factors, that
lessen or sever the causal nexus between the increase in imports and worker separations or threat
of separation, and the decline in sales and production at the workers' firm; (2) What percentage
of the workers' firm sales or production declines was attributable to the firm's increased imports;
(3) What percentage of the workers' firm customer(s) sales or production declines was attributable
to the firm's increased imports; and (4) Whether there are other events or factors that mitigate or
amplify the impact of increased imports on the workers' firm. (B) The impact may be determined
using a quantitative or qualitative analysis."
The department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Marathon Petroleum Corporation, Kenai AK Refinery, including workers whose wages were
reported under Marathon Petroleum Company LP and Marathon Refining Logistics Services LLC,
Kenai, Alaska, who are engaged in activities related to the production of gasoline and distillate fuels
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 Marathon Petroleum Corporation, Kenai AK Refinery, including workers
whose wages were reported under Marathon Petroleum Company LP and Marathon
Refining Logistics Services LLC, Kenai, Alaska, who became totally or partially separated
from employment on or after June 24, 2020 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 15th day of February, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance