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TAW-70117  /  Fulghum Fibres, Inc. (Baileyville, ME)

Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 08/20/2009
Determination Date: 08/20/2009
Expiration Date: 08/20/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,117

FULGHUM FIBRES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM M&K, INC. WORKSOURCE
STAFFING SERVICE
BAILEYVILLE, MAINE


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on May 19, 2009 by a State Workforce Official on behalf of
workers of Fulghum Fibres, Inc., Baileyville, Maine. The
investigation revealed that the worker group includes on-site
leased workers of M&K, Inc. Worksource Staffing Service.
Workers at the subject firm are in engaged in activities related
to the production of wood bark and wood chips. The workers are
not separately identifiable by product produced.
The investigation revealed that workers of Fulghum Fibres,
Inc., including on-site leased workers of M&K, Inc. Worksource
Staffing Service, Baileyville, Maine who are engaged in
employment related to the production of wood chips meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of
Fulghum Fibres, Inc., including on-site leased workers of M&K,
Inc. Worksource Staffing Service, Baileyville, Maine produced
and sold wood chips to Domtar Industries, Inc., Baileyville,
Maine to be incorporated into fine paper. Workers of Domtar
Industries, Inc., Baileyville, Maine (excluding workers who
produced market pulp) are covered by an existing certification
(TA-W-61,924). That certification was issued on the basis of
increased customer imports of fine paper.
Criterion III has been met because the wood chips
produced by Fulghum Fibres, Inc., including on-site leased
workers of M&K, Inc. Worksource Staffing Service, Baileyville,
Maine for Domtar Industries, Inc., Baileyville, Maine
accounted for at least 20 percent of the production or sales
of Fulghum Fibres, Inc., Baileyville, Maine.










Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fulghum Fibres, Inc.,
including on-site leased workers of M&K, Inc. Worksource
Staffing Service, Baileyville, Maine who are engaged in
employment related to the production of wood chips meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Fulghum Fibres, Inc., including on-site
leased workers of M&K, Inc. Worksource Staffing Service,
Baileyville, Maine, who became totally or partially
separated from employment on or after May 18, 2008 through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on the date of certification through two
years from the date of certification, are eligible to apply
for adjustment assistance under Chapter 2 of Title II of
the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 20th day of August 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance