Petitioner Type: Company
Impact Date: 03/10/2009
Filed Date: 03/17/2010
Most Recent Update: 05/14/2010
Determination Date: 05/14/2010
Expiration Date: 05/14/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,729
THE BERRY COMPANY, LLC (LIYP)
A SUBSIDIARY OF LOCAL INSIGHT MEDIA HOLDINGS, INC.
FORMERLY KNOWN AS LOCAL INSIGHT YELLOW PAGES
CLIENT SERVICES AND MARKETING GROUPS
LA CROSSE, WISCONSIN
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 March 17, 2010 by a company official on behalf of
workers of The Berry Company, LLC (LIYP), a subsidiary of Local
Insight Media Holdings, Inc., formerly known as Local Insight
Yellow Pages, Client Services and Marketing Groups, La Crosse,
Wisconsin (Berry). The workers are engaged in activities
related to the provision of advertisement and marketing
services.
The investigation revealed that workers of Berry who are
engaged in activities related to the provision of
advertisement and marketing services 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 acquired from the Dominican Republic and India services
like or directly competitive with the services provided by the
workers.
Criterion III has been met because the acquisition of
advertisement and marketing services from a foreign country by
Berry 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 The Berry Company,
LLC (LIYP), a subsidiary of Local Insight Media Holdings, Inc.,
formerly known as Local Insight Yellow Pages, Client Services
and Marketing Groups, La Crosse, Wisconsin, who are engaged in
activities related to the provision of advertisement and
marketing 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 (LIYP), a
subsidiary of Local Insight Media Holdings, Inc., formerly
known as Local Insight Yellow Pages, Client Services and
Marketing Groups, La Crosse, Wisconsin, who became totally
or partially separated from employment on or after March
10, 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 14th day of May, 2010
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,729
THE BERRY COMPANY, LLC (LIYP)
A SUBSIDIARY OF LOCAL INSIGHT MEDIA HOLDINGS, INC.
FORMERLY KNOWN AS LOCAL INSIGHT YELLOW PAGES
CLIENT SERVICES AND MARKETING GROUPS
LA CROSSE, WISCONSIN
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 March 17, 2010 by a company official on behalf of
workers of The Berry Company, LLC (LIYP), a subsidiary of Local
Insight Media Holdings, Inc., formerly known as Local Insight
Yellow Pages, Client Services and Marketing Groups, La Crosse,
Wisconsin (Berry). The workers are engaged in activities
related to the provision of advertisement and marketing
services.
The investigation revealed that workers of Berry who are
engaged in activities related to the provision of
advertisement and marketing services 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 acquired from the Dominican Republic and India services
like or directly competitive with the services provided by the
workers.
Criterion III has been met because the acquisition of
advertisement and marketing services from a foreign country by
Berry 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 The Berry Company,
LLC (LIYP), a subsidiary of Local Insight Media Holdings, Inc.,
formerly known as Local Insight Yellow Pages, Client Services
and Marketing Groups, La Crosse, Wisconsin, who are engaged in
activities related to the provision of advertisement and
marketing 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 (LIYP), a
subsidiary of Local Insight Media Holdings, Inc., formerly
known as Local Insight Yellow Pages, Client Services and
Marketing Groups, La Crosse, Wisconsin, who became totally
or partially separated from employment on or after March
10, 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 14th day of May, 2010
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance