Petitioner Type: State
Impact Date: 02/27/2005
Filed Date: 03/01/2006
Most Recent Update: 04/20/2006
Determination Date: 04/20/2006
Expiration Date: 04/20/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,930
CTB\MCGRAW-HILL, LLC
INCLUDING ON-SITE LEASE WORKERS OF
KELLY SERVICES, INC.
MONTEREY, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on March 1, 2006 and filed by the Department of Social
Services, One Stop, Monterey, California on behalf of workers at
CTB\McGraw-Hill, LLC, Monterey, California. The workers are
engaged in employment related to the production of standardized
tests for schools. The workers are not separately identifiable
by product.
The investigation revealed that CTB\McGraw-Hill, LLC,
Monterey, California leased on-site workers from Kelly Services,
Inc. to produced the standardized tests.
The investigation revealed that employment declined during
the relevant period.
The investigation further revealed that there was a shift in
production from the workers firm to India and there has been or
is likely to be an increase in imports of standardized tests for
schools during the relevant period.
In accordance with Section 246 of the Trade Act of 1974 (26
USC 2813), as amended, the Department of Labor herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to India of articles like
or directly competitive with those produced by the subject firm
or subdivision, and there has been or is likely to be an increase
in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of CTB\McGraw-Hill, LLC, including on-site
leased workers of Kelly Services, Inc., Monterey, California
who became totally or partially separated from employment on
or after February 27, 2005 through two years from the date
of certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974 and are
also eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C., this 20th day of April, 2006.
/s/ Elliott S. Kushners
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance