Petitioner Type: Workers
Impact Date: 12/29/2008
Filed Date: 12/31/2009
Most Recent Update: 04/19/2010
Determination Date: 04/19/2010
Expiration Date: 04/19/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,197
REXAM CONSUMER PLASTICS
INCLUDING ON-SITE LEASED WORKERS FROM CBS PERSONNEL SERVICES,
S&S STAFFING, DIAMOND STAFFING, ADECCO EMPLOYMENT SERVICES AND
SELECT STAFF
HOLDEN, MASSACHUSETTS
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 31, 2009 on behalf of workers of Rexam
Consumer Plastics, Holden, Massachusetts. The worker group
includes on-site leased workers from CBS Personnel Services,
S&S Staffing, Diamond Staffing, ADECCO Employment Services,
and Select Staff. The workers are engaged in activities
related to the production of consumer plastics, used
specifically in the home care, toiletry, and cosmetic markets.
The investigation revealed that workers of Rexam Consumer
Plastics who are engaged in activities related to the
production of consumer plastics meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to Mexico the production of articles like or
directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of
production of consumer plastics to an affiliated foreign
supplier by Rexam Consumer Plastics contributed importantly to
worker group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Rexam Consumer
Plastics, Holden, Massachusetts, including on-site leased
workers from CBS Personnel Services, S&S Staffing, Diamond
Staffing, ADECCO Employment Services, and Select Staff, who are
engaged in activities related to the production of consumer
plastics 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 Rexam Consumer Plastics, Holden,
Massachusetts, including on-site leased workers from CBS
Personnel Services, S&S Staffing, Diamond Staffing,
ADECCO Employment Services, and Select Staff 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 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 19th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,197
REXAM CONSUMER PLASTICS
INCLUDING ON-SITE LEASED WORKERS FROM CBS PERSONNEL SERVICES,
S&S STAFFING, DIAMOND STAFFING, ADECCO EMPLOYMENT SERVICES AND
SELECT STAFF
HOLDEN, MASSACHUSETTS
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 31, 2009 on behalf of workers of Rexam
Consumer Plastics, Holden, Massachusetts. The worker group
includes on-site leased workers from CBS Personnel Services,
S&S Staffing, Diamond Staffing, ADECCO Employment Services,
and Select Staff. The workers are engaged in activities
related to the production of consumer plastics, used
specifically in the home care, toiletry, and cosmetic markets.
The investigation revealed that workers of Rexam Consumer
Plastics who are engaged in activities related to the
production of consumer plastics meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to Mexico the production of articles like or
directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of
production of consumer plastics to an affiliated foreign
supplier by Rexam Consumer Plastics contributed importantly to
worker group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Rexam Consumer
Plastics, Holden, Massachusetts, including on-site leased
workers from CBS Personnel Services, S&S Staffing, Diamond
Staffing, ADECCO Employment Services, and Select Staff, who are
engaged in activities related to the production of consumer
plastics 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 Rexam Consumer Plastics, Holden,
Massachusetts, including on-site leased workers from CBS
Personnel Services, S&S Staffing, Diamond Staffing,
ADECCO Employment Services, and Select Staff 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 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 19th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance