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TAW-70215  /  Anthem (Budd Lake, NJ)

Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 10/26/2009
Determination Date: 10/26/2009
Expiration Date: 10/26/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,215

ANTHEM
A DIVISION OF SCHAWK, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AQUENT AND THE CREATIVE GROUP
AND
INCLUDING WORKERS REPORTING FROM
HACKETTSTOWN, NEW JERSEY AND FRANKLIN, TENNESSEE
AND
INDEPENDENT CONTRACTORS WORKING
UNDER THE CONTROL OF ANTHEM
MOUNT OLIVE, NEW JERSEY

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 18, 2009, by a state agency representative on
behalf of workers of Anthem, a division of Schawk, Inc., Mount
Olive, New Jersey. The workers design and edit commercial
packaging.
The worker group includes on-site leased workers from
Aquent and The Creative Group; off-site workers reporting from
Hackettstown, New Jersey and Franklin, Tennessee; and on-site
independent contractors working under the control of Anthem in
Mount Olive.
The investigation revealed that workers of Anthem who are
engaged in employment related to the commercial packaging
design meet the criteria for certification.
Criterion I has been met because a significant portion of
workers have been separated I the relevant period.
Criterion II has been satisfied because the commercial
packaging design services provided by workers of the subject
firm have been shifted to Malaysia.
Criterion III has been met because the shift of
commercial packaging design services from Mount Olive, New
Jersey to Malaysia by Anthem contributed importantly to worker
group separations at the Mount Olive facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Anthem, a division of
Schawk, Inc., Mount Olive, New Jersey who are engaged in
employment related to commercial packaging design services 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 Anthem, a division of Schawk, Inc.,
including on-site leased workers from Aquent and The
Creative Group; and including workers reporting from
Hackettstown, New Jersey and Franklin, Tennessee, and
including independent contractors working under the
control of Anthem, Mount Olive, New Jersey, 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 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 26th day of October, 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance