Petitioner Type: Company
Impact Date: 02/01/2009
Filed Date: 02/03/2010
Most Recent Update: 04/06/2010
Determination Date: 04/06/2010
Expiration Date: 04/06/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,426
FCI USA, LLC
CORPORATE ADMINISTRATIVE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
JFC
INCLUDING TELEWORKERS LOCATED THROUGHOUT THE UNITED STATES
REPORTING TO
ETTERS, PENNSYLVANIA
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 6, 2010, applicable to workers of
FCI USA, LLC, Corporate Administrative Division, including on-
site leased workers from JFC, Etters, Pennsylvania. The workers
supply internal corporate administrative services. The notice
was published in the Federal Register on May 5, 2010 (75 FR
24750).
At the request of the Texas Workforce Commission, the
Department reviewed the certification for workers of the subject
firm.
New information shows that worker separations have occurred
involving employees of the subject firm who telework from off-
site locations throughout the United States who report to the
Etters, Pennsylvania location of FCI USA, LLC, Corporate
Administrative Division. These employees provided sales and
engineering activities related to the supply of internal
corporate administrative services for the subject firm.
Based on these findings, the Department is amending this
certification to include employees of the subject firm who
telework and report to the Etters, Pennsylvania facility.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in corporate administrative services to China, India and
Malaysia.
The amended notice applicable to TA-W-73,426 is hereby
issued as follows:
“All workers of FCI USA, LLC, Corporate Administrative
Division, including on-site leased workers from JFC,
including teleworkers located throughout the United States
reporting to Etters, Pennsylvania, who became totally or
partially separated from employment on or after February 1,
2009, through April 6, 2012, 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 9th day of January 2012
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,426
FCI USA, LLC
CORPORATE ADMINISTRATIVE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF JFC
ETTERS, PENNSYLVANIA
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 February 3, 2010 by a company official on behalf of
workers of FCI USA, LLC, Corporate Administrative Division,
Etters, Pennsylvania. The workers are engaged in employment
related to the supply of internal corporate administrative
services. The worker group includes on-site leased workers of
JFC.
The investigation revealed that workers of FCI USA, LLC,
Corporate Administrative Division who are engaged in
employment related to the supply of internal corporate
administrative services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with separation.
Criterion II has been met because the workers’ firm has
shifted to a foreign country the supply of services like or
directly competitive with the services supplied at the Etters,
Pennsylvania facility.
Criterion III has been met because the shift in services
to India by FCI USA, LLC contributed importantly to worker
group separations at the Etters, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FCI USA, LLC,
Corporate Administrative Division, including on-site leased
workers of JFC, Etters, Pennsylvania who are engaged in
employment related to the supply of internal corporate
administrative 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 FCI USA, LLC, Corporate Administrative
Division, including on-site leased workers of JFC,
Etters, Pennsylvania who became totally or partially
separated from employment on or after February 1, 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 6th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-73,426
FCI USA, LLC
CORPORATE ADMINISTRATIVE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
JFC
INCLUDING TELEWORKERS LOCATED THROUGHOUT THE UNITED STATES
REPORTING TO
ETTERS, PENNSYLVANIA
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 6, 2010, applicable to workers of
FCI USA, LLC, Corporate Administrative Division, including on-
site leased workers from JFC, Etters, Pennsylvania. The workers
supply internal corporate administrative services. The notice
was published in the Federal Register on May 5, 2010 (75 FR
24750).
At the request of the Texas Workforce Commission, the
Department reviewed the certification for workers of the subject
firm.
New information shows that worker separations have occurred
involving employees of the subject firm who telework from off-
site locations throughout the United States who report to the
Etters, Pennsylvania location of FCI USA, LLC, Corporate
Administrative Division. These employees provided sales and
engineering activities related to the supply of internal
corporate administrative services for the subject firm.
Based on these findings, the Department is amending this
certification to include employees of the subject firm who
telework and report to the Etters, Pennsylvania facility.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in corporate administrative services to China, India and
Malaysia.
The amended notice applicable to TA-W-73,426 is hereby
issued as follows:
“All workers of FCI USA, LLC, Corporate Administrative
Division, including on-site leased workers from JFC,
including teleworkers located throughout the United States
reporting to Etters, Pennsylvania, who became totally or
partially separated from employment on or after February 1,
2009, through April 6, 2012, 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 9th day of January 2012
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,426
FCI USA, LLC
CORPORATE ADMINISTRATIVE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF JFC
ETTERS, PENNSYLVANIA
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 February 3, 2010 by a company official on behalf of
workers of FCI USA, LLC, Corporate Administrative Division,
Etters, Pennsylvania. The workers are engaged in employment
related to the supply of internal corporate administrative
services. The worker group includes on-site leased workers of
JFC.
The investigation revealed that workers of FCI USA, LLC,
Corporate Administrative Division who are engaged in
employment related to the supply of internal corporate
administrative services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers are threatened with separation.
Criterion II has been met because the workers’ firm has
shifted to a foreign country the supply of services like or
directly competitive with the services supplied at the Etters,
Pennsylvania facility.
Criterion III has been met because the shift in services
to India by FCI USA, LLC contributed importantly to worker
group separations at the Etters, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FCI USA, LLC,
Corporate Administrative Division, including on-site leased
workers of JFC, Etters, Pennsylvania who are engaged in
employment related to the supply of internal corporate
administrative 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 FCI USA, LLC, Corporate Administrative
Division, including on-site leased workers of JFC,
Etters, Pennsylvania who became totally or partially
separated from employment on or after February 1, 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 6th day of April, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
6