Certified
« back to search results

TAW-71303  /  New Page Corporation (Wickliffe, KY)

Petitioner Type: Company
Impact Date: 06/18/2008
Filed Date: 06/19/2009
Most Recent Update: 11/24/2009
Determination Date: 11/24/2009
Expiration Date: 11/24/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,303

NEW PAGE CORPORATION
A SUBSIDIARY OF CERBERUS CAPITAL MANAGEMENT, L.P
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO STAFFING SERVICES AND TEMPS PLUS
WICKLIFFE, KENTUCKY

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed by a company official on June 19, 2009 on behalf of
workers of New Page Corporation, Cerberus Capital Management,
L.P., Wickliffe, Kentucky (New Page Corporation). Workers at
the subject firm are engaged in activities related to the
production of coated free sheet and uncoated paper. The workers
are not separately identifiable by product. The investigation
revealed that the worker group includes on-site leased workers
from Adecco Staffing Services and Temps Plus.
The investigation further revealed that workers of New Page
Corporation, Cerberus Capital Management, L.P., including on-
site leased workers from Adecco Staffing Services and Temps
Plus, Wickliffe, Kentucky who are engaged in activities related
to the production of coated free sheet and uncoated paper 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/or production of coated free sheet and uncoated paper by the
subject firm decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with coated free sheet
and uncoated paper produced by New Page Corporation have
increased. Specifically, the Department of Labor conducted a
survey of the subject firm's major declining customer regarding
their purchases of coated free sheet and uncoated paper during
the relevant period. The survey revealed increased customer
reliance on imported coated free sheet and uncoated paper.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of coated free sheet and uncoated paper by
a customer of New Page Corporation contributed importantly to
the worker group separations and sales/production declines at
New Page Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of New Page Corporation,
Cerberus Capital Management, L.P., including on-site leased
workers from Adecco Staffing Services and Temps Plus, Wickliffe,
Kentucky, who are engaged in activities related to the
production of coated free sheet and uncoated paper 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 New Page Corporation, Cerberus Capital
Management, L.P., including on-site leased workers from
Adecco Staffing Services and Temps Plus, Wickliffe,
Kentucky, who became totally or partially separated from
employment on or after June 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 24th day of November 2009


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