DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,388

THE NEWS AND OBSERVER PUBLISHING COMPANY
ADVERTISING DEPARTMENT
ADVERTISEMENT DESIGN GROUP
RALEIGH, NORTH CAROLINA

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 (19
USC 2273), 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 on May 15, 2008 in response to
a petition filed on behalf of workers of The News and Observer
Publishing Company, Advertising Department, Raleigh, North
Carolina. The workers produced (created, designed, edited, etc.)
newspaper advertisements.
The investigation revealed that employment in the subject
worker group declined absolutely upon closure of the advertisement
department on May 30, 2008.
The subject firm has shifted production of newspaper
advertisements from Raleigh, North Carolina to The Philippines. The
ads produced in The Philippines are sent back electronically to the
United States to be included in newspapers.
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 addition, 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.
The group eligibility criteria for the ATAA program that the
Department must consider under section 246 of the Trade Act are:
1. Whether 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 1 has not been

met.

The subject firm did not employ a significant number of
workers who are 50 years of age or older.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to The Philippines of articles
that are like or directly competitive with those produced by the
subject firm, 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 News and Observer Publishing Company,
Advertising Department, Advertisement Design Group, Raleigh,
North Carolina, who became totally or partially separated from
employment on or after May 14, 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;" and
I further determine that all workers of The News and Observer
Publishing Company, Advertising Department, Advertisement Design
Group, Raleigh, North Carolina, 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 1st day of July 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance