Petitioner Type: Workers
Impact Date:
Filed Date: 01/10/2007
Most Recent Update: 03/15/2007
Determination Date: 03/15/2007
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,734
PRIMARY STAFFING SERVICES, INC.
WORKERS EMPLOYED AT PEARSON ARTWORKS
A DIVISION OF PEARSON EDUCATION, INC.
YORK, PENNSYLVANIA
Notice of Negative Determination
on Reconsideration
On May 4, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on May 11, 2007 (72 FR 26848-
26849).
The petition for the workers of Primary Staffing Services,
Inc. employed at Pearson Artworks, a division of Pearson
Education, Inc., York, Pennsylvania engaged in computer entry,
project management, status communication, file delivery, and
quality assurance activities related to the production of WEB
based line art illustrations was denied because imports of WEB
based line art illustrations did not contribute importantly to
worker separations at the subject firm and no shift of production
to a foreign source occurred.
The petitioner filed a request for reconsideration in which
the petitioner alleged that Pearson Artworks shifted the
production of textbook illustrations from York, Pennsylvania to
Canada, thus causing separations of workers from the subject
firm.
A company official was contacted for clarification in regard
of a shift in production to Canada. The official stated that
there was no shift in production of textbook illustration
functions from Pearson Education, Inc., York, Pennsylvania to
Canada in 2006 and January of 2007. The official emphasized that
the reason of decreasing production of textbook illustrations at
the facility in York, Pennsylvania lies behind “an overall
business strategy” of Pearson Artworks to shift its focus away
from volume illustrations to more of a research and development
model.
The petitioner also disagreed with the previous findings
that “worker separation at the subject firm was due to a change
from manual to automated work processes and not to imports or
shift in production” and alleged that “no new automated processes
were implemented during the course of workers employment that
would eliminate their services.”
The company official informed that contrary to petitioners’
statements, the workers of the Primary Staffing Services, Inc.
were no longer needed because Pearson Education, York,
Pennsylvania “developed internal process that streamlined the
workflow, thus decreasing the number of employees needed to
perform the tasks of the Company’s operations in its York
office.” In particular, the official clarified that these new
processes included Manuscript Maker, which automates the creation
of art manuscript and visual assets database, Proof Maker and
Correction script, which provide automated art proofs and
corrections, Media and new automated shipping methods via FedEx
and UPS installed computers.
The investigation on reconsideration supported the findings
that imports of WEB based line art illustrations did not contribute
importantly to worker separations at the subject firm and no shift
of production to a foreign source occurred.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Primary
Staffing Services, Inc., workers employed at Pearson Artworks, a
division of Pearson Education, Inc., York, Pennsylvania.
Signed at Washington, D.C. this 8th day of June, 2007.
/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,734
PRIMARY STAFFING SERVICES, INC.
WORKERS EMPLOYED AT PEARSON ARTWORKS
A DIVISION OF PEARSON EDUCATION, INC.
YORK, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on January 10, 2007 in
response to a petition filed on behalf of leased workers of Primary
Staffing Services Inc. employed on-site at Pearson Artworks, York,
Pennsylvania. Pearson Artworks is a division of Pearson Education,
Inc., a subsidiary of Prentice Hall. Workers of Primary Staffing
performed various support tasks such as computer data entry,
project management, status communication, file delivery, and
quality assurance activities related to the production of WEB based
line art illustrations eventually appearing in educational
textbooks. All work at the York site is part of a continuous
process and used within the corporation, not sold to outside
customers.
The investigation revealed that criteria I.C. and II.B. have
not been met.
Neither Pearson Artworks nor its parent company imports line
art illustrations like those produced at the York facility, nor has
this work been shifted abroad.
Separations of Primary Staffing Services personnel at the York
facility are due primarily to a change from manual to automated
work processes and are not related to imports or a shift of
production.
In addition, in accordance with Section 246 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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Pearson
Artworks, York, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 15th day of March, 2007
/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
4
Employment and Training Administration
TA-W-60,734
PRIMARY STAFFING SERVICES, INC.
WORKERS EMPLOYED AT PEARSON ARTWORKS
A DIVISION OF PEARSON EDUCATION, INC.
YORK, PENNSYLVANIA
Notice of Negative Determination
on Reconsideration
On May 4, 2007, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on May 11, 2007 (72 FR 26848-
26849).
The petition for the workers of Primary Staffing Services,
Inc. employed at Pearson Artworks, a division of Pearson
Education, Inc., York, Pennsylvania engaged in computer entry,
project management, status communication, file delivery, and
quality assurance activities related to the production of WEB
based line art illustrations was denied because imports of WEB
based line art illustrations did not contribute importantly to
worker separations at the subject firm and no shift of production
to a foreign source occurred.
The petitioner filed a request for reconsideration in which
the petitioner alleged that Pearson Artworks shifted the
production of textbook illustrations from York, Pennsylvania to
Canada, thus causing separations of workers from the subject
firm.
A company official was contacted for clarification in regard
of a shift in production to Canada. The official stated that
there was no shift in production of textbook illustration
functions from Pearson Education, Inc., York, Pennsylvania to
Canada in 2006 and January of 2007. The official emphasized that
the reason of decreasing production of textbook illustrations at
the facility in York, Pennsylvania lies behind “an overall
business strategy” of Pearson Artworks to shift its focus away
from volume illustrations to more of a research and development
model.
The petitioner also disagreed with the previous findings
that “worker separation at the subject firm was due to a change
from manual to automated work processes and not to imports or
shift in production” and alleged that “no new automated processes
were implemented during the course of workers employment that
would eliminate their services.”
The company official informed that contrary to petitioners’
statements, the workers of the Primary Staffing Services, Inc.
were no longer needed because Pearson Education, York,
Pennsylvania “developed internal process that streamlined the
workflow, thus decreasing the number of employees needed to
perform the tasks of the Company’s operations in its York
office.” In particular, the official clarified that these new
processes included Manuscript Maker, which automates the creation
of art manuscript and visual assets database, Proof Maker and
Correction script, which provide automated art proofs and
corrections, Media and new automated shipping methods via FedEx
and UPS installed computers.
The investigation on reconsideration supported the findings
that imports of WEB based line art illustrations did not contribute
importantly to worker separations at the subject firm and no shift
of production to a foreign source occurred.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Primary
Staffing Services, Inc., workers employed at Pearson Artworks, a
division of Pearson Education, Inc., York, Pennsylvania.
Signed at Washington, D.C. this 8th day of June, 2007.
/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,734
PRIMARY STAFFING SERVICES, INC.
WORKERS EMPLOYED AT PEARSON ARTWORKS
A DIVISION OF PEARSON EDUCATION, INC.
YORK, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on January 10, 2007 in
response to a petition filed on behalf of leased workers of Primary
Staffing Services Inc. employed on-site at Pearson Artworks, York,
Pennsylvania. Pearson Artworks is a division of Pearson Education,
Inc., a subsidiary of Prentice Hall. Workers of Primary Staffing
performed various support tasks such as computer data entry,
project management, status communication, file delivery, and
quality assurance activities related to the production of WEB based
line art illustrations eventually appearing in educational
textbooks. All work at the York site is part of a continuous
process and used within the corporation, not sold to outside
customers.
The investigation revealed that criteria I.C. and II.B. have
not been met.
Neither Pearson Artworks nor its parent company imports line
art illustrations like those produced at the York facility, nor has
this work been shifted abroad.
Separations of Primary Staffing Services personnel at the York
facility are due primarily to a change from manual to automated
work processes and are not related to imports or a shift of
production.
In addition, in accordance with Section 246 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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Pearson
Artworks, York, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 15th day of March, 2007
/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
4