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TAW-73448  /  Blue Heron Paper Company (Oregon City, OR)

Petitioner Type: Union
Impact Date: 02/01/2009
Filed Date: 02/04/2010
Most Recent Update: 05/27/2010
Determination Date: 05/27/2010
Expiration Date: 05/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,448

BLUE HERON PAPER COMPANY
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE PAID THROUGH BARRETT BUSINESS SERVICES, INC.
OREGON CITY, OREGON

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 May 27, 2010, applicable to workers of Blue Heron
Paper Company, Oregon City, Oregon. The notice was published in
the Federal Register on June 16, 2010 (75 FR 34174).
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 pulp and
paper.
Information shows that Blue Heron Paper Company, through
bankruptcy, was assigned a trustee, Barrett Business Services,
Inc., to provide payroll services while preparing for closure.
Some workers separated from employment at the Oregon City, Oregon
location of the subject firm had their wages reported under a
separated unemployment insurance (UI) tax account under the name
Barrett Business Services, Inc.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased imports of pulp and paper.
The amended notice applicable to TA-W-73,448 is hereby
issued as follows:
"All workers of Blue Heron Paper Company, including
workers whose unemployment insurance (UI) wages are
paid through Barrett Business Services, Inc., Oregon
City, Oregon, who became totally or partially separated
from employment on or after February 1, 2009 through
May 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 in Washington, D.C. this 27th day of April, 2011

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,448

BLUE HERON PAPER COMPANY
OREGON CITY, OREGON

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 February 4, 2010 by the Association of Western Pulp and
Paper Workers, Local 66 (AWPPW) on behalf of workers of Blue Heron
Paper Company, Oregon City, Oregon (Blue Herron). The workers
are engaged in activities related to the production of pulp and
paper.
The investigation revealed that workers of Blue Herron who
are engaged in activities related to the production of pulp and
paper meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Blue Heron have become totally or
partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of pulp and paper by Blue Heron have decreased
absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with pulp and
paper by Blue Heron have increased. Specifically, customers of
Blue Heron have increased their purchases or their reliance on
imported pulp and paper during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports or reliance on imported pulp and paper by
customers of Blue Heron contributed importantly to the worker
group separations and sales/production declines at Blue Heron.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Blue Heron Paper
Company, Oregon City, Oregon, who are engaged in activities
related to the production of pulp and paper 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 Blue Heron Paper Company, Oregon City,
Oregon, 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 27th day of May, 2010.

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



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