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TAW-73276  /  Vail Forest Area (Rainier, WA)

Petitioner Type: Union
Impact Date: 01/12/2009
Filed Date: 01/13/2010
Most Recent Update: 05/13/2010
Determination Date: 05/13/2010
Expiration Date: 05/13/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,276

VAIL FOREST AREA
DIVISION OF WESTERN TIMBERLANDS
A SUBSIDIARY OF WEYERHAEUSER NR COMPANY
RAINIER, WASHINGTON

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on January 13, 2010 by International Association of
Machinists and Aerospace Workers, Woodworkers on behalf of
workers of Vail Forest Area, Division of Western Timberlands, a
subsidiary of Weyerhaeuser NR Company, Rainier, Washington (Vail
Forest Area). The workers are engaged in employment related to
logging and wood processing. The petitioners allege that
separations are the result of secondary impact from a Trade
Adjustment Assistance certified firm.
The investigation revealed that workers of Vail Forest Area
who are engaged in employment related to logging and wood
processing meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant portion of
workers at the subject firm have been separated in 2009 when
compared with the corresponding 2008 period.
Criterion II has been met because workers of Vail Forest
Area produced and sold logging and wood processing to a firm
that employed a worker group who is covered by an active
certification to be incorporated into softwood lumber, veneer,
and peeler cores.
Criterion III has been met because the loss of business
by Vail Forest Area with the TAA-certified firm, with respect
to logging and wood processing sold to the TAA-certified firm,
contributed importantly to worker separations at Vail Forest
Area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Vail Forest Area,
Division of Western Timberlands, a subsidiary of Weyerhaeuser
NR Company, Rainier, Washington, who are engaged in employment
related to logging and wood processing meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:


"All workers of Vail Forest Area, Division of Western
Timberlands, a subsidiary of Weyerhaeuser NR Company,
Rainier, Washington, who became totally or partially
separated from employment on or after January 12, 2009,
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 13th day of May, 2010.


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance