TAA Decision 94535
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,535
KIMBERLY CLARK
GLOBAL NONWOVENS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM STROM ENGINEERING
CORPORATION, FLS, E-TRANS, BARTECH (AKA GUIDANT GLOBAL)
NEENAH, WISCONSIN
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 February 12, 2019 by a company official on behalf of
workers of Kimberly Clark, Global Nonwovens Division, including
on-site leased workers from Strom Engineering Corporation,
FLS, E-Trans, Bartech (AKA Guidant Global), Neenah, Wisconsin.
The workers are engaged in activities related to the production
of nonwoven materials.
During the course of the investigation, information was
collected from the 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
by the workers which contributed importantly to worker group
separations at Kimberly Clark, Global Nonwovens Division,
Neenah, Wisconsin.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kimberly Clark,
Global Nonwovens Division, including on-site leased workers
from Strom Engineering Corporation, FLS, E-Trans, Bartech (AKA
Guidant Global), Neenah, Wisconsin, who are engaged in
activities related to the production of nonwoven materials, 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, Global Nonwovens Division,
including on-site leased workers from Strom Engineering
Corporation, FLS, E-Trans, Bartech (AKA Guidant Global),
Neenah, Wisconsin, who became totally or partially separated
from employment on or after February 11, 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 22nd day of February 2019.
/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
