Petitioner Type: Workers
Impact Date: 03/25/2007
Filed Date: 04/01/2008
Most Recent Update: 05/21/2008
Determination Date: 05/21/2008
Expiration Date: 05/21/2010
DEPARTMENT OF LABOR Corrected: 6/11/08
Employment and Training Administration
TA-W-63,105
THE BRADENTON HERALD
AD PRODUCTION DEPARTMENT
BRADENTON, FLORIDA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For 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.
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 25, 2008, and filed on behalf of workers at The The Bradenton Herald, Ad Production Department, Bradenton, Florida. The workers produced newspaper advertisements.
The investigation revealed that the threatened declines in employment at the subject firm are related to the subject firm shifting the majority of its newspaper advertising design work to India, and subsequently importing those products into the United States.
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.
The group eligibility criteria for the ATAA program that the Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are not easily transferable.
3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been met.
The investigation revealed that the workers in the workers' firm possess skills that are easily transferable.
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 that are 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 The Bradenton Herald, Ad Production Department, Bradenton, Florida, who became totally or partially separated from employment on or after March 25, 2007, through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974”;
I further determine that all workers of The Bradenton Herald, Ad Production Department, Bradenton, Florida, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of May 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-63,105
THE BRADENTON HERALD
AD PRODUCTION DEPARTMENT
BRADENTON, FLORIDA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For 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.
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 25, 2008, and filed on behalf of workers at The The Bradenton Herald, Ad Production Department, Bradenton, Florida. The workers produced newspaper advertisements.
The investigation revealed that the threatened declines in employment at the subject firm are related to the subject firm shifting the majority of its newspaper advertising design work to India, and subsequently importing those products into the United States.
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.
The group eligibility criteria for the ATAA program that the Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that are not easily transferable.
3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been met.
The investigation revealed that the workers in the workers' firm possess skills that are easily transferable.
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 that are 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 The Bradenton Herald, Ad Production Department, Bradenton, Florida, who became totally or partially separated from employment on or after March 25, 2007, through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974”;
I further determine that all workers of The Bradenton Herald, Ad Production Department, Bradenton, Florida, are denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of May 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance