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TAA Decision 82221

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-82,221

PLEXUS CORPORATION
NEENAH OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, INC., AEROTEK AND GOLD STAR SOLUTIONS, INC. NEENAH, WISCONSIN 

Notice of Continuation of Certification

	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 April 5, 2013, applicable to workers of Plexus Corporation, Neenah Operations, Neenah, Wisconsin. The Department’s Notice of Determination was published in the Federal Register on April 30, 2013 (78 FR 25306).  
	The Department of Labor issued an Amended Certification Regarding to Apply for Worker Adjustment Assistance on January 29, 2014 to include leased workers from Kelly Services, Inc., Aerotek and Gold Star Solutions, Inc. working on-site at Plexus Corporation, Neenah Operations, Neenah, Wisconsin. The Department’s Notice of Amended Determination was published in the Federal Register on February 12, 2014 (79 FR 8505).
	On August 8, 2014, the Department issued a Notice of Initiation of Investigation to Terminate Certification applicable to workers and former workers of Plexus Corporation, Neenah Operations, Neenah, Wisconsin.  The Department’s Notice of Initiation of Investigation to Terminate Certification was published in the Federal Register on August 22, 2014 (79 FR 49814).
The Department’s original investigation revealed that Section 222(a)(1) had been met because a significant number or proportion of the workers in such workers’ firm had become totally or partially separated, or were threatened to become totally or partially separated.   
Section 222(a)(2)(B) had been met because the workers’ firm had shifted to a foreign country the production of articles like or directly competitive with the articles produced by the subject firm which contributed importantly to worker group separations at Plexus Corporation, Neenah Operations, Neenah, Wisconsin.
The Department has completed its review of the certification for workers of the subject firm pursuant to 29 CFR 90.17(a).  The investigation included data collected from the subject firm, a major customer of the subject firm, and the original petitioner.
The subject firm continues to be engaged in activities related to the production of printed circuit board assemblies.
The Department’s review revealed that the shift in production to a foreign country that was the original basis for the certification has completed and that the subject firm is no longer shifting production of like or directly competitive articles to a foreign country.  
The Department’s review further revealed that the group eligibility criteria specified in Section 222 of the Trade Act of 1974, as amended by the Trade Adjustment Assistance Extension Act of 2011, continue to be met. 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; and

(2)(A)(i) the sales or production, or both, of such firm have decreased absolutely; and

(ii)(I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; and

(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.

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)(A)(i) has been met because the sales and production of printed circuit board assemblies by Plexus Corporation have decreased absolutely.  
Section 222(a)(2)(A)(ii) has been met because customer imports of articles like or directly competitive with the printed circuit board assemblies produced by Plexus Corporation have increased.  
Finally, Section 222(a)(2)(A)(iii) has been met because the increased customer imports contributed importantly to the worker group separations and sales/production declines at Plexus Corporation.
Conclusion
After careful review of the facts, I affirm the certification of workers and former workers of Plexus Corporation, Neenah Operations, including on-site leased workers from Kelly Services, Inc., Aerotek, and Gold Star Solutions, Inc., Neenah, Wisconsin.
Signed at Washington, D.C. this 9th day of December, 2014.

					/s/Michael W. Jaffe
     ______                             						MICHAEL W. JAFFE 
Certifying Officer, Office
 					of Trade Adjustment Assistance 
4510-FN-P





	DEPARTMENT OF LABOR

	Employment and Training Administration

	TA-W-82,221

	PLEXUS CORPORATION
NEENAH OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, INC., AEROTEK AND GOLD STAR SOLUTIONS, INC.
NEENAH, WISCONSIN

Notice of Initiation of Investigation to
Terminate Certification of Eligibility

	Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on December 6, 2012 in response to a petition for Trade Adjustment Assistance (TAA) filed by the State of Wisconsin on behalf of workers of Plexus Corporation, Neenah Operations, including on-site leased workers of Kelly Services, Inc., Neenah, Wisconsin (Plexus-Neenah).  The petition states “Plexus has factories in Malaysia, China, Mexico, and Europe.”  The subject workers are engaged in activities related to the production of printed circuit boards.  During the investigation, the Department received information from the subject firm confirming a shift of production by the subject firm of an article like or directly competitive with the printed circuit boards produced by the workers from Neenah, Wisconsin to a foreign country. 
	Based on information obtained during the investigation, the Department determined that Sections 222(a)(1) and 222(a)(2)(B) of the Trade Act of 1974, as amended, 19 U.S.C. 2272(a), have been met and issued on April 5, 2013 a certification of eligibility to apply for TAA applicable to workers and former workers of Plexus-Neenah, which states “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 separations at Plexus-Neenah.  
	On January 29, 2014, the Department issued an amended certification of eligibility to apply for TAA applicable to leased workers of Aerotek and Gold Star Solutions, Inc. working on-site at Plexus-Neenah. 
In a July 24, 2014 press release (“Plexus Commitment to Wisconsin”), Plexus Corporation stated:
“In 2012, Plexus experienced a disruptive event when our largest customer at the time, which represented approximately 16% of Plexus’ global revenue, unexpectedly announced its decision to disengage from Plexus.  This customer disengagement represented a significant challenge for the Company and unfortunately resulted in the loss of jobs in Wisconsin.  These jobs were not moved to Plexus locations outside the U.S. but instead were lost from Plexus altogether as the result of the customer’s decision to move its programs to our competitors’ locations outside the U.S. While the significant customer disengagement was a challenging event for us, we have regained many of the jobs that were lost in 2012 and 2013 and are back on a path of growth in Neenah, Wisconsin.”
According to 29 CFR 90.17(a), “Whenever the Director of the Office of Trade Adjustment Assistance has reason to believe, with respect to any certification of eligibility, that the total or partial separations from a firm or appropriate subdivision thereof are no longer attributable to the conditions specified in section 222 of the Act and §90.16(b), the Director shall promptly make an investigation.”
In accordance with 29 CFR 90.17(a), the Department will conduct an investigation to determine whether workers and former workers of Plexus-Neenah have met the criteria set forth in the Trade Act of 1974, as amended, and will issue a determination based on this investigation.
Signed in Washington, D. C. this  8th  day of August, 2014
		/s/ Del Min Amy Chen
		______________________________
		DEL MIN AMY CHEN
		Certifying Officer, Office of
		Trade Adjustment Assistance 
		4510-FN-P




	DEPARTMENT OF LABOR

	Employment and Training Administration

	TA-W-82,221	

PLEXUS CORPORATION
NEENAH OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, INC., AEROTEK AND GOLD STAR SOLUTIONS, INC. 
NEENAH, WISCONSIN 
 
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 April 5, 2013, applicable to workers of 
Plexus Corporation, Neenah Operations, including on-site leased 
workers from Kelly Services, Inc., Neenah, Wisconsin.  The 
workers are engaged in activities related to the production of 
printed circuit boards.  The notice was published in the Federal 
Register on April 30, 2013 (78 FR 25306).     
      At the request of Wisconsin State, the Department reviewed 
the certification for workers of the subject firm.  New 
information from the company shows that workers leased from 
Aerotek and Gold Star Solutions, Inc. were employed on-site at 
the Neenah, Wisconsin location of Plexus Corporation, Neenah 
Operations.  The Department has determined that these workers 
were sufficiently under the control of Plexus Corporation, 
Neenah Operations to be considered leased workers.
      The intent of the Department’s certification is to include 
all workers of the firm who were adversely affected by a shift 
in the production of printed circuit boards to a foreign 
country.  
      Based on these findings, the Department is amending this 
certification to include workers leased from Aerotek and Gold 
Star Solutions, Inc. working on-site at the Neenah, Wisconsin 
location of the subject firm.
      The amended notice applicable to TA-W-82,221 is hereby 
issued as follows:
"All workers from Plexus Corporation, Neenah 
Operations, including on-site leased workers from 
Kelly Services, Inc., Aerotek and Gold Star Solutions, 
Inc., Neenah, Wisconsin, who became totally or 
partially separated from employment on or after 
December 5, 2011 through April 5, 2015, and all 
workers in the group threatened with total or partial 
separation from employment on 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 at Washington, D.C. this 29th day of January 2014.

					/s/ Michael W. Jaffe
                             ______                             	
					MICHAEL W. JAFFE 
                              Certifying Officer, Office
 					of Trade Adjustment Assistance 
      4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,221

PLEXUS CORPORATION
NEENAH OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, INC.
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 December 6, 2012 by a state workforce office on behalf of 
workers of Plexus Corporation, Neenah Operations, Neenah, 
Wisconsin (Plexus).  The workers’ firm is engaged in activities 
related to the production of printed circuit boards. Specifically, 
the workers work under contract for a client that produces a 
specific printed circuit board. The subject worker group includes 
on-site leased workers from Kelly Services, Inc.
      The group includes workers who work at the 1 Plexus Way, 585 
Enterprise Drive, 590 Enterprise Drive, and 55 Jewelers Park Drive 
locations of the subject firm in Neenah, Wisconsin.
      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 production of an article like 
or directly competitive with the article produced by the workers 
which contributed importantly to worker group separations at 
Plexus.
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Plexus Corporation, 
Neenah Operations, including on-site leased workers from Kelly 
Services, Inc., Neenah, Wisconsin, who are engaged in activities 
related to the production of printed circuit boards 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 Plexus Corporation, Neenah Operations, 
including on-site leased workers from Kelly Services, Inc., 
Neenah, Wisconsin, who became totally or partially separated 
from employment on or after December 5, 2011 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 5th day of April, 2013.


						/s/Elliott S. Kushner
                                    ______________________________
                                    ELLIOTT S. KUSHNER
                                    Certifying Officer, Office of 
                                    Trade Adjustment Assistance
      


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