Certified
« back to search results

TAW-72517  /  American Institute of Physics (Melville, NY)

Petitioner Type: Company
Impact Date: 09/30/2008
Filed Date: 10/07/2009
Most Recent Update: 11/25/2009
Determination Date: 11/25/2009
Expiration Date: 11/25/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,517

AMERICAN INSTITUTE OF PHYSICS
PUBLISHING CENTER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
OFFICE TEAM, ACCESS STAFFING, KELLY STAFFING SERVICES, AND
LLOYD CREATIVE STAFFING
MELVILLE, NEW YORK

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 October 7, 2009 by a company official on behalf of
workers of American Institute of Physics, Publishing Center
Division, Melville, New York (AIP). The worker group includes
on-site leased workers from Office Team, Access Staffing,
Kelly Staffing Services, and Lloyd Creative Staffing. The
workers are engaged in activities related to copy editing,
proofreading, publishing, and data conversation services.
The investigation revealed that workers of AIP who are
engaged in activities related to copy editing, proofreading,
publishing, and data conversation services meet the criteria
for certification.
Criterion I has been met because a significant number of
workers have been separated from the subject and the remaining
employees are threatened with separations.
Criterion II has been met because the subject firm has
acquired from a foreign country, services like or directly
competitive with copy editing, proofreading, publishing, and
data conversation.
Criterion III has been met because the acquisition of
services from foreign countries by AIP contributed importantly
to worker group separations at AIP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of American Institute of
Physics, Publishing Center Division, including on-site leased
workers from Office Team, Access Staffing, Kelly Staffing
Services, and Lloyd Creative Staffing, Melville, New York who
are engaged in activities related to copy editing, proofreading,
publishing, and data conversation 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 American Institute of Physics, Publishing
Center Division, including on-site leased workers from
Office Team, Access Staffing, Kelly Staffing Services,
and Lloyd Creative Staffing, Melville, New York, who became
totally or partially separated from employment on or after
September 30, 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 25th day of November, 2009


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