Petitioner Type: State
Impact Date: 03/22/2018
Filed Date: 03/25/2019
Most Recent Update: 07/22/2019
Determination Date: 06/18/2019
Expiration Date: 06/18/2021
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,655
LOWE’S HOME CENTERS, LLC
A SUBSIDIARY OF LOWE’S COMPANIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM APEX SYSTEMS, ELIASSEN
GROUP, AND TEKSYSTEMS
KIRKLAND, WASHINGTON
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 June 18, 2019, applicable to workers of
Lowe’s Home Centers, LLC, a subsidiary of Lowe’s Companies,
Inc., including on-site leased workers from Apex Systems,
Kirkland, Washington.
At the request of state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the supply of digital merchandising and
support services for products offered as “online exclusives” for
Lowes.ca, including business development/vendor management,
product content, call center, order fulfillment, accounting and
administrative support roles.
New information confirmed by the company reveals that
leased workers from Eliassen Group, and TEKsystms were employed
on-site at the Kirkland, Washington location of Lowe’s Home
Centers, LLC, a subsidiary of Lowe’s Companies, Inc. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Eliassen Group and
TEKsystems working on-site at the Kirkland, Washington location
of Lowe’s Home Centers, LLC, a subsidiary of Lowe’s Companies,
Inc.
The amended notice applicable to TA-W-94,655 is hereby
issued as follows:
"All workers of Lowe’s Home Centers, LLC, a
subsidiary of Lowe’s Companies, Inc., including on-
site leased workers from Apex Systems, Eliassen
Group, and TEKsystems, Kirkland, Washington, who
became totally or partially separated from employment
on or after March 22, 2018, through June 18, 2021, and
all workers in the group threatened with total or
partial separation from employment on June 18, 2019
through June 18, 2021, 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 July, 2019.
/s/Jessica R. Webster
__________________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,655
LOWE'S HOME CENTERS, LLC
A SUBSIDIARY OF LOWE'S COMPANIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM APEX SYSTEMS
KIRKLAND, WASHINGTON
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 March 25, 2019 by a state workforce office on behalf
of workers and former workers of Lowe's Home Centers, LLC, a
subsidiary of Lowe's Companies, Inc., including on-site leased
workers from Apex Systems, Kirkland, Washington (Lowe's Home
Centers). Workers of Lowe's Home Centers are engaged in
activities related to the supply of digital merchandising and
support services for exclusively-offered products, such as
business development/vendor management, product content, call
center, order fulfillment, accounting and administrative support
roles.
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 Lowe's Home Centers 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 a service
like or directly competitive with the digital merchandising and
support services supplied by the subject workers which
contributed importantly to worker group separations at Lowe's
Home Centers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lowe's Home Centers,
Kirkland, Washington, who are engaged in activities related to
the supply of digital merchandising and support 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 Lowe's Home Centers, LLC, a subsidiary of
Lowe's Companies, Inc., including on-site leased workers
from Apex Systems, Kirkland, Washington, who became
totally or partially separated from employment on or after
March 22, 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 18th day of June 2019.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-94,655
LOWE’S HOME CENTERS, LLC
A SUBSIDIARY OF LOWE’S COMPANIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM APEX SYSTEMS, ELIASSEN
GROUP, AND TEKSYSTEMS
KIRKLAND, WASHINGTON
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 June 18, 2019, applicable to workers of
Lowe’s Home Centers, LLC, a subsidiary of Lowe’s Companies,
Inc., including on-site leased workers from Apex Systems,
Kirkland, Washington.
At the request of state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the supply of digital merchandising and
support services for products offered as “online exclusives” for
Lowes.ca, including business development/vendor management,
product content, call center, order fulfillment, accounting and
administrative support roles.
New information confirmed by the company reveals that
leased workers from Eliassen Group, and TEKsystms were employed
on-site at the Kirkland, Washington location of Lowe’s Home
Centers, LLC, a subsidiary of Lowe’s Companies, Inc. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Eliassen Group and
TEKsystems working on-site at the Kirkland, Washington location
of Lowe’s Home Centers, LLC, a subsidiary of Lowe’s Companies,
Inc.
The amended notice applicable to TA-W-94,655 is hereby
issued as follows:
"All workers of Lowe’s Home Centers, LLC, a
subsidiary of Lowe’s Companies, Inc., including on-
site leased workers from Apex Systems, Eliassen
Group, and TEKsystems, Kirkland, Washington, who
became totally or partially separated from employment
on or after March 22, 2018, through June 18, 2021, and
all workers in the group threatened with total or
partial separation from employment on June 18, 2019
through June 18, 2021, 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 July, 2019.
/s/Jessica R. Webster
__________________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,655
LOWE'S HOME CENTERS, LLC
A SUBSIDIARY OF LOWE'S COMPANIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM APEX SYSTEMS
KIRKLAND, WASHINGTON
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 March 25, 2019 by a state workforce office on behalf
of workers and former workers of Lowe's Home Centers, LLC, a
subsidiary of Lowe's Companies, Inc., including on-site leased
workers from Apex Systems, Kirkland, Washington (Lowe's Home
Centers). Workers of Lowe's Home Centers are engaged in
activities related to the supply of digital merchandising and
support services for exclusively-offered products, such as
business development/vendor management, product content, call
center, order fulfillment, accounting and administrative support
roles.
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 Lowe's Home Centers 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 a service
like or directly competitive with the digital merchandising and
support services supplied by the subject workers which
contributed importantly to worker group separations at Lowe's
Home Centers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lowe's Home Centers,
Kirkland, Washington, who are engaged in activities related to
the supply of digital merchandising and support 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 Lowe's Home Centers, LLC, a subsidiary of
Lowe's Companies, Inc., including on-site leased workers
from Apex Systems, Kirkland, Washington, who became
totally or partially separated from employment on or after
March 22, 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 18th day of June 2019.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance