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TAW-73194  /  Beam Global Spirits and Wine (Cincinnati, OH)

Petitioner Type: Company
Impact Date: 12/29/2008
Filed Date: 12/31/2009
Most Recent Update: 03/26/2010
Determination Date: 03/26/2010
Expiration Date: 03/26/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,194

BEAM GLOBAL SPIRITS & WINE
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO, ST. ELIZABETH BUSINESS HEALTH, GUARDSMARK,
AND LAB SUPPORT
CINCINNATI, 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 March 26, 2010, applicable to workers
of Beam Global Spirits & Wine, including on-site leased
workers from Adecco, Cincinnati, Ohio. The notice was
published in the Federal Register April 23, 2010 (75 FR 21354).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of
cordials.
The company reports that workers leased from St. Elizabeth
Business Health, Guardsmark, and Lab Support were employed on-
site at the Cincinnati, Ohio location of Beam Global Spirits &
Wine. The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from St. Elizabeth
Business Health, Guardsmark, and Lab Support working on-site at
the Cincinnati, Ohio location of Beam Global Spirits & Wine.
The amended notice applicable to TA-W-73,194 is hereby
issued as follows:
“All workers of Beam Global Spirits & Wine, including on-
site leased workers from Adecco, St. Elizabeth Business
Health, Guardsmark, and Lab Support, Cincinnati, Ohio, who
became totally or partially separated from employment on or
after December 29, 2008, through March 26, 2012, 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 28th day of April, 2010



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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,194

BEAM GLOBAL SPIRITS & WINE
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
CINCINNATI, 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:
(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 on December 31, 2009 by a company official on behalf of
workers of Beam Global Spirits & Wine, Cincinnati, Ohio. The
workers are engaged in activities related to the production of
cordials. The worker group includes on-site leased workers
from Adecco.
The petitioner alleged that imports of cordials are
directly competitive with those produced by Beam Global
Spirits & Wine led to separations at the subject firm.
The investigation revealed that workers of Beam Global
Spirits & Wine who are engaged in employment related to the
production of cordials meet the criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of the workers have been separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of the cordials by Beam Global Spirits & Wine
have decreased significantly during the relevant period.
Section 222(a)(2)(A)(ii) has been met because the subject
firm increased their reliance on imports of articles or
services like or directly competitive with the cordials by
Beam Global Spirits & Wine have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on imports of cordials by Beam Global
Spirits & Wine contributed importantly to the worker group
separations at Beam Global Spirits & Wine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Beam Global Spirits &
Wine, Cincinnati, Ohio, who are engaged in employment related to
the production of cordials 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 Beam Global Spirits & Wine, Cincinnati,
Ohio, who became totally or partially separated from
employment on or after December 29, 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 26th day of March, 2010


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





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