Certified
« back to search results

TAW-71043  /  Philip Morris USA (Concord, NC)

Petitioner Type: Union
Impact Date: 05/29/2008
Filed Date: 06/08/2009
Most Recent Update: 04/15/2010
Determination Date: 04/15/2010
Expiration Date: 04/15/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,043

PHILIP MORRIS USA
A SUBSIDIARY OF ALTRIA GROUP, INC.
CABARRUS MANUFACTURING PLANT
CONCORD, NORTH CAROLINA

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 June 5, 2009 by officials from the Bakery,
Confectionery, Tobacco Workers, and Grain Millers Union and
the International Association of Machinists and Aerospace
Workers on behalf of workers of Philip Morris USA, a subsidiary
of Altria Group, Inc., Cabarrus Manufacturing Plant, Concord,
North Carolina. The workers produce cigarettes.
The investigation revealed that workers of Philip Morris
USA, a subsidiary of Altria Group, Inc., Concord, North
Carolina, who are engaged in employment related to the
production of cigarettes, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated over the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country a portion of the production
of articles like or directly competitive with the articles
produced by the workers.
Criterion III has been met because the shift in
production of cigarettes to various facilities worldwide -
particularly in Europe - by Altria Group, Inc. contributed
importantly to worker group separations at Philip Morris USA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Philip Morris USA, a
subsidiary of Altria Group, Inc., Cabarrus Manufacturing Plant,
Concord, North Carolina, who are engaged in employment related
to the production of cigarettes 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 Philip Morris USA, a subsidiary of Altria
Group, Inc., Cabarrus Manufacturing Plant, Concord, North
Carolina, who became totally or partially separated from
employment on or after May 29, 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 15th day of April, 2010


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance