Certified
« back to search results

TAW-71129  /  Shakespeare Company, LLC (Columbia, SC)

Petitioner Type: State
Impact Date: 06/09/2008
Filed Date: 06/10/2009
Most Recent Update: 02/05/2010
Determination Date: 02/05/2010
Expiration Date: 02/05/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,129

SHAKESPEARE COMPANY, LLC
DBA JARDEN APPLIED MATERIALS
INCLUDING ON-SITE LEASED WORKERS FROM STAFFMARK
COLUMBIA, SOUTH 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 10, 2009 on behalf of workers Shakespeare
Company, LLC, DBA Jarden Applied Materials, Columbia, South
Carolina (Shakespeare Company, LLC). The workers are engaged
in activities related to the production of monofilaments,
antennas, polymers, and consumer packaged trimmer line. The
workers are not separately identifiable by product. The
investigation revealed that the worker group includes on-site
leased workers from Staffmark.
The investigation revealed that workers of Shakespeare
Company, LLC, dba Jarden Applied Materials, including on-site
leased workers from Staffmark, Columbia, South Carolina, who
are engaged in activities related to the production of
monofilaments, antennas, polymers, and consumer packaged
trimmer line meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of monofilaments, antennas, polymers, and
consumer packaged trimmer line decreased during the relevant
period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
monofilaments, antennas, polymers, and consumer packaged
trimmer line produced at the subject firm have increased.
Section 222(a)(2)(A)(iii) has been met because the
increased imports contributed importantly to the worker group
separations and declines in sales and production at
Shakespeare Company, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Shakespeare Company,
LLC, dba Jarden Applied Materials, including on-site leased
workers from Staffmark, Columbia, South Carolina, who are
engaged in activities related to the production of
monofilaments, antennas, polymers, and consumer packaged
trimmer line, 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 Shakespeare Company, LLC, dba Jarden
Applied Materials, including on-site leased workers from
Staffmark, Columbia, South Carolina, who became totally or
partially separated from employment on or after June 9,
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 5th day of February 2010


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance