Petitioner Type: Company
Impact Date: 10/09/2008
Filed Date: 10/13/2009
Most Recent Update: 01/28/2010
Determination Date: 01/28/2010
Expiration Date: 01/28/2012
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,563
FYPON, LTD
PARKERSBURG, WEST VIRGINIA
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE PAID THROUGH THERMA-TRU DOORS
PARKERBURG, WEST VIRGINIA
TA-W-72,563A
FYPON, LTD
INCLUDING ON-SITE LEASED WORKERS FROM
JOB1 USA
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE PAID THROUGH THERMA-TRU DOORS
ARCHBOLD, OHIO
Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on January 28, 201, applicable to workers of Fypon,
Ltd, Parkersburg, West Virginia and Fypon, Ltd, including on-site
Leased workers from Job1 USA, Archbold, Ohio. The notice was
published in the Federal Register on March 5, 2010 (75 FR 10321).
At the request of the state, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in activities related to the production of urethane
millwork and PVC trim products for decorative purposes.
New information shows that in late 2009, Fypon Ltd merged
with Therma-Tru Doors. Some workers separated from employment at
the subject firm had their wages reported under a separate
unemployment insurance (UI) tax account under the name Therma-Tru
Doors.
Accordingly, the Department is amending this certification
to property reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in production of urethane millwork and PVC trim products to
China.
The amended notice applicable to TA-W-72,563 and TA-W-
72,563A are hereby issued as follows:
"All workers of Fypon, Ltd, including workers whose
unemployment insurance (UI) wages are paid through Therma-
Tru Doors, Parkersburg, West Virginia (TA-W-72,563) and
Fypon, Ltd, including workers whose unemployment insurance
(UI) wages are paid through Therma-Tru Doors, including on-
site leased workers from Job1 USA, Archbold, Ohio (TA-W-
72,563A), who became totally or partially separated from who
became totally or partially separated from employment on or
after October 9, 2008, through January 28, 2012, 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 at Washington, D.C. this 27th day of April 2010
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,563
FYPON, LTD.
PARKERSBURG, WEST VIRGINIA
TA-W-72,563A
FYPON, LTD.
INCLUDING ON-SITE LEASED WORKERS FROM JOB1 USA
ARCHBOLD, OHIO
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 13, 2009 by company official, on behalf of
workers of Fypon, Ltd., Parkersburg, West Virginia (TA-W-72,563)
and Archbold, Ohio (TA-W-72,563A). The workers in Archbold are
engaged in activities related to the production of urethane
millwork and PVC trim products for decorative purposes. Workers in
Parkersburg support the Archbold production. The worker group at
Archbold, Ohio includes on-site leased workers from Job1 USA.
The investigation revealed that workers of Fypon, Ltd.,
Parkersburg, West Virginia and Archbold, Ohio, who are engaged in
activities related to the production of urethane millwork and PVC
products, meet the criteria for certification.
Criterion I has been met because a significant percent of
the workers have become separated at the West Virginia and
Archbold, Ohio locations during the relevant period.
Criterion II has been met because the workers’ firm has
shifted production to a foreign country of articles like or
directly competitive with the articles produced by the workers’
firm at Archbold, Ohio.
Criterion III has been met because the shift in production
to China by Fypon, Ltd., contributed importantly to worker
separations at the Parkersburg, West Virginia and Archbold, Ohio
facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fypon, Ltd.,
Parkersburg, West Virginia and Fypon, Ltd., Archbold, Ohio,
including on-site leased workers from Job1 USA 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 certifications:
“All workers of Fypon, Ltd., Parkersburg, West Virginia (TA-W-
72,563) and Fypon, Ltd., including on-site leased workers
from Job1 USA, Archbold, Ohio (TA-W-72,563A) who became
totally or partially separated from employment on or after
October 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 28th day of January, 2010
/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-72,563
FYPON, LTD
PARKERSBURG, WEST VIRGINIA
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE PAID THROUGH THERMA-TRU DOORS
PARKERBURG, WEST VIRGINIA
TA-W-72,563A
FYPON, LTD
INCLUDING ON-SITE LEASED WORKERS FROM
JOB1 USA
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE PAID THROUGH THERMA-TRU DOORS
ARCHBOLD, OHIO
Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on January 28, 201, applicable to workers of Fypon,
Ltd, Parkersburg, West Virginia and Fypon, Ltd, including on-site
Leased workers from Job1 USA, Archbold, Ohio. The notice was
published in the Federal Register on March 5, 2010 (75 FR 10321).
At the request of the state, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in activities related to the production of urethane
millwork and PVC trim products for decorative purposes.
New information shows that in late 2009, Fypon Ltd merged
with Therma-Tru Doors. Some workers separated from employment at
the subject firm had their wages reported under a separate
unemployment insurance (UI) tax account under the name Therma-Tru
Doors.
Accordingly, the Department is amending this certification
to property reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in production of urethane millwork and PVC trim products to
China.
The amended notice applicable to TA-W-72,563 and TA-W-
72,563A are hereby issued as follows:
"All workers of Fypon, Ltd, including workers whose
unemployment insurance (UI) wages are paid through Therma-
Tru Doors, Parkersburg, West Virginia (TA-W-72,563) and
Fypon, Ltd, including workers whose unemployment insurance
(UI) wages are paid through Therma-Tru Doors, including on-
site leased workers from Job1 USA, Archbold, Ohio (TA-W-
72,563A), who became totally or partially separated from who
became totally or partially separated from employment on or
after October 9, 2008, through January 28, 2012, 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 at Washington, D.C. this 27th day of April 2010
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,563
FYPON, LTD.
PARKERSBURG, WEST VIRGINIA
TA-W-72,563A
FYPON, LTD.
INCLUDING ON-SITE LEASED WORKERS FROM JOB1 USA
ARCHBOLD, OHIO
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 13, 2009 by company official, on behalf of
workers of Fypon, Ltd., Parkersburg, West Virginia (TA-W-72,563)
and Archbold, Ohio (TA-W-72,563A). The workers in Archbold are
engaged in activities related to the production of urethane
millwork and PVC trim products for decorative purposes. Workers in
Parkersburg support the Archbold production. The worker group at
Archbold, Ohio includes on-site leased workers from Job1 USA.
The investigation revealed that workers of Fypon, Ltd.,
Parkersburg, West Virginia and Archbold, Ohio, who are engaged in
activities related to the production of urethane millwork and PVC
products, meet the criteria for certification.
Criterion I has been met because a significant percent of
the workers have become separated at the West Virginia and
Archbold, Ohio locations during the relevant period.
Criterion II has been met because the workers’ firm has
shifted production to a foreign country of articles like or
directly competitive with the articles produced by the workers’
firm at Archbold, Ohio.
Criterion III has been met because the shift in production
to China by Fypon, Ltd., contributed importantly to worker
separations at the Parkersburg, West Virginia and Archbold, Ohio
facilities.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fypon, Ltd.,
Parkersburg, West Virginia and Fypon, Ltd., Archbold, Ohio,
including on-site leased workers from Job1 USA 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 certifications:
“All workers of Fypon, Ltd., Parkersburg, West Virginia (TA-W-
72,563) and Fypon, Ltd., including on-site leased workers
from Job1 USA, Archbold, Ohio (TA-W-72,563A) who became
totally or partially separated from employment on or after
October 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 28th day of January, 2010
/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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