Certified
« back to search results

TAW-73083  /  Viewpointe Archive Services, LLC (Parsippany, NJ)

Petitioner Type: State
Impact Date: 12/11/2008
Filed Date: 12/14/2009
Most Recent Update: 08/06/2010
Determination Date: 08/06/2010
Expiration Date: 08/06/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,083

VIEWPOINTE ARCHIVE SERVICES, LLC
INCLUDING ON-SITE LEASED WORKERS FROM ATRIUM STAFFING
PARSIPPANY, NEW JERSEY


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 December 14, 2009 by the New Jersey Department of Labor
on behalf of workers of Viewpointe Archive Services, LLC,
Parsippany, New Jersey. The workers provide digital archiving
of financial data. The worker group includes on-site leased
workers from Atrium Staffing.
The investigation revealed that workers of Viewpointe
Archive Services, LLC, who are engaged in employment related to
digital archiving, meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers have been separated.
Criterion II has been satisfied because there has been a
shift of services by Viewpointe Archive Services to a foreign
country.
Criterion III has been met because the shift of services
contributed importantly to worker group separations at the
Parsippany, New Jersey facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Viewpointe Archive
Services, LLC, Parsippany, New Jersey, who are engaged in
employment related to digital archiving, 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 Viewpointe Archive Services, LLC,
including on-site leased workers from Atrium Staffing,
Parsippany, New Jersey, who became totally or partially
separated from employment on or after December 11, 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 6th day of August, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance