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TAW-73233  /  The Berry Company LLC (Hudson, OH)

Petitioner Type: Workers
Impact Date: 01/07/2009
Filed Date: 01/08/2010
Most Recent Update: 04/27/2010
Determination Date: 04/27/2010
Expiration Date: 04/27/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,233

THE BERRY COMPANY LLC
A SUBSIDIARY OF LOCAL INSIGHT MEDIA HOLDINGS, INC.
FORMERLY KNOWN AS LOCAL INSIGHT YELLOW PAGES
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, RANDSTAD AND MANPOWER
HUDSON, 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 April 27, 2010, applicable to workers of The Berry
Company LLC, a subsidiary of Local Insight Media Holdings, Inc.,
formally known as Local Insight Yellow Pages, including on-site
leased workers from Kelly Services and Randstad, Hudson, Ohio.
The notice was published in the Federal Register on May 28, 2010
(75 FR 30071).
At the request of the petitioner, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in telephone directory advertising and internet
advertising services.
The company reports that workers leased from Manpower, were
employed on-site at the Hudson, Ohio location of The Berry
Company, a subsidiary of Local Insight Media Holdings, Inc.,
formally known as Local Insight Yellow Pages. 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 Manpower, working
on-site at the Hudson, Ohio location of The Berry Company, a
subsidiary of Local Insight Media Holdings, Inc., formally known
as Local Insight Yellow Pages.


The amended notice applicable to TA-W-73,233 is hereby
issued as follows:
"All workers The Berry Company, a subsidiary of Local
Insight Media Holdings, Inc., formally known as Local
Insight Yellow Pages, including on-site leased workers
from Kelly Services, Randstad and Manpower, Hudson,
Ohio, who became totally or partially separated from
employment on or after January 7, 2009, through April
27, 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 at Washington, D.C. this 10th day of June 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-73,233

THE BERRY COMPANY LLC
A SUBSIDIARY OF LOCAL INSIGHT MEDIA HOLDINGS, INC.
FORMERLY KNOWN AS LOCAL INSIGHT YELLOW PAGES
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND RANDSTAD
HUDSON, 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. (Set forth in 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 January 8, 2010 on behalf of workers of The Berry Company
LLC, a subsidiary of Local Insight Media Holdings, Inc., formerly
known as Local Insight Yellow Pages, Hudson, Ohio (The Berry
Company Hudson). The workers are engaged in activities related to
telephone directory advertising and internet advertising
services. The workers are not separately identifiable by services.
The worker group also includes on-site leased workers from
Kelly Services and Randstad.
The investigation revealed that workers of The Berry Company
Hudson who are engaged in activities related to telephone
directory advertising and internet advertising services meet the
criteria for certification.
Criterion I has been met because a significant proportion of
workers in the workers’ firm have become totally or partially
separated during the relevant period.
Criterion II has been met because there has been a shift in
telephone directory advertising and internet advertising services
by The Berry Company Hudson to the Dominican Republic.
Criterion III has been met because the shift in the
telephone directory advertising and internet advertising services
to the Dominican Republic contributed importantly to worker group
separations at The Berry Company Hudson.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Berry Company LLC, a
subsidiary of Local Insight Media Holdings, Inc., formerly known as
Local Insight Yellow Pages, including on-site leased workers from
Kelly Services and Randstad, Hudson, Ohio, who are engaged in
activities related to telephone directory advertising and internet
advertising 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 The Berry Company LLC, a subsidiary of Local
Insight Media Holdings, Inc., formerly known as Local Insight
Yellow Pages, including on-site leased workers from Kelly
Services and Randstad, Hudson, Ohio, who became totally or
partially separated from employment on or after January 7,
2009, 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 27th day of April, 2010


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










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