Petitioner Type: Workers
Impact Date:
Filed Date: 05/03/2007
Most Recent Update: 05/30/2007
Determination Date: 05/30/2007
Expiration Date:
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,438
TMP DIRECTIONAL MARKETING, LLC
GRAPHICS DIVISION
FORT WAYNE, INDIANA
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at TMP
Directional Marketing, LLC, Graphics Division, Fort Wayne,
Indiana. The application did not contain new information
supporting a conclusion that the determination was erroneous, and
also did not provide a justification for reconsideration of the
determination that was based on either mistaken facts or a
misinterpretation of facts or of the law. Therefore, dismissal
of the application was issued.
TA-W-61,438; TMP Directional Marketing, LLC
Graphics Division, Fort Wayne, Indiana
(July 3, 2007)
Signed at Washington, D.C. this 9th day of July 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-61,438
TMP DIRECTIONAL MARKETING, LLC
GRAPHICS DIVISION
FORT WAYNE, INDIANA
Negative Determinations 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 May 3, 2007, in response to a
petition filed on behalf of the workers of TMP Directional Marketing,
LLC, Graphics Division, Fort Wayne, Indiana. The workers are engaged in
the production of advertising graphics (i.e. artwork for client’s Yellow
Pages directory advertising).
The investigation determined that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met for workers of the subject firm.
The investigation revealed that worker separations are attributable
to improved efficiencies in technology.
The investigation further revealed that there were no company
imports of advertising graphics in 2005 or 2006, or January through
April 2007.
The petitioners claim that the work was shifted to India. The
investigation revealed that there was no shift in the production of
advertising graphics to a foreign country during the relevant period.
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 workers of TMP Directional
Marketing, LLC, Graphics Division, Fort Wayne, Indiana 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 30th day of May, 2007.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-61,438
TMP DIRECTIONAL MARKETING, LLC
GRAPHICS DIVISION
FORT WAYNE, INDIANA
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at TMP
Directional Marketing, LLC, Graphics Division, Fort Wayne,
Indiana. The application did not contain new information
supporting a conclusion that the determination was erroneous, and
also did not provide a justification for reconsideration of the
determination that was based on either mistaken facts or a
misinterpretation of facts or of the law. Therefore, dismissal
of the application was issued.
TA-W-61,438; TMP Directional Marketing, LLC
Graphics Division, Fort Wayne, Indiana
(July 3, 2007)
Signed at Washington, D.C. this 9th day of July 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-61,438
TMP DIRECTIONAL MARKETING, LLC
GRAPHICS DIVISION
FORT WAYNE, INDIANA
Negative Determinations 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 May 3, 2007, in response to a
petition filed on behalf of the workers of TMP Directional Marketing,
LLC, Graphics Division, Fort Wayne, Indiana. The workers are engaged in
the production of advertising graphics (i.e. artwork for client’s Yellow
Pages directory advertising).
The investigation determined that criteria (a)(2)(A)(I.C.) and
(a)(2)(B)(II.B.) have not been met for workers of the subject firm.
The investigation revealed that worker separations are attributable
to improved efficiencies in technology.
The investigation further revealed that there were no company
imports of advertising graphics in 2005 or 2006, or January through
April 2007.
The petitioners claim that the work was shifted to India. The
investigation revealed that there was no shift in the production of
advertising graphics to a foreign country during the relevant period.
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 workers of TMP Directional
Marketing, LLC, Graphics Division, Fort Wayne, Indiana 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 30th day of May, 2007.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance