Petitioner Type: State
Impact Date: 08/19/2008
Filed Date: 07/08/2010
Most Recent Update: 08/24/2010
Determination Date: 08/24/2010
Expiration Date: 08/24/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,357
CINRAM DISTRIBUTION, LLC
A SUBSIDIARY OF CINRAM INTERNATIONAL
SIMI VALLEY DISTRIBUTION CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
LABOR READY SOUTHWEST, INC. AND SELECT REMEDY STAFFING SERVICES
SIMI VALLEY, CALIFIORNIA
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 August 24, 2010, applicable to workers
of Cinram Distribution, LLC, a subsidiary of Cinram
International, Simi Valley Distribution Center, include on-site
leased workers from Labor Ready Southwest, Inc., and Select
Remedy Staffing Services, Simi Valley, California. The notice
was published in the Federal Register on September 15, 2010 (75
FR 51643).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in activities related to the supply of DVD, BluRay, and
CD distribution services.
Upon review of the case investigation regarding the subject
firm, the investigation revealed that an earlier petition was
submitted on behalf of the workers of Cinram Distribution, LLC,
Simi Valley, California, dated August 19, 2009. However, that
petition was not properly instituted.
In order to include workers in the certified worker group
who were separated before July 7, 2009, the Department is
amending the impact date for TA-W-74,357 to August 19, 2008, one
year before the petition date of August 19, 2009. The
investigation revealed that worker separations between August
19, 2008 and July 7, 2009 were attributable to the increased
imports that were the basis for certification.
The amended notice applicable to TA-W-74,357 is hereby
issued as follows:
“All workers of Cinram Distribution, LLC, a subsidiary of
Cinram International, including on-site leased workers from
Labor Ready Southwest, Inc., and Select Remedy Staffing
Services, Simi Valley, California, who became totally or
partially separated from employment on or after August 19,
2008, through August 24, 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 4th day of January, 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-74,357
CINRAM DISTRIBUTION, LLC
A SUBSIDIARY OF CINRAM INTERNATIONAL
SIMI VALLEY DISTRIBUTION CENTER
INCLUDING ON-SITE LEASED WORKERS FROM LABOR READY SOUTHWEST,
INC. AND SELECT REMEDY STAFFING SERVICES
SIMI VALLEY, CALIFORNIA
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 July 8, 2010 by a state official on behalf of workers
of Cinram Distribution, LLC, a subsidiary of Cinram
International, Simi Valley Distribution Center, Simi Valley,
California (Cinram). The workers are engaged in activities
related to the supply of DVD, BluRay, and CD distribution
services.
The worker group included on-site leased workers from Labor
Ready Southwest, Inc., and Select Remedy Staffing Services.
The investigation revealed that workers of Cinram who are
engaged in activities related to the supply of DVD, BluRay, and
CD distribution services meet the criteria for certification.
The worker group is in support of facilities producing
DVD, BluRay, and CD’s at affiliated Cinram facilities under
Trade Adjustment Assistance certifications located in La
Vergne, Tennessee and Olyphant, Pennsylvania (TA-W-74,219 and
TA-W-73,664, respectively). The certifications are based on
increased customer imports (DVD, BluRay, and CD’s).
Section 222(a)(1) has been met because a significant
number of the workers have been separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales of
DVD, BluRay, and CD distribution services by the firm have
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
DVD, BluRay, and CD’s produced by the firm increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased reliance on imports of DVD, BluRay, and CD’s
contributed importantly to the worker group separations and
sales declines at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cinram Distribution,
LLC, a subsidiary of Cinram International, Simi Valley
Distribution Center, Simi Valley, California, including on-site
leased workers from Labor Ready Southwest, Inc., and Select
Remedy Staffing Services, who are engaged in employment related
to the supply of DVD, BluRay, and CD distribution 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 Cinram Distribution, LLC, a subsidiary of
Cinram International, Simi Valley Distribution Center,
Simi Valley, California, including on-site leased workers
from Labor Ready Southwest, Inc., and Select Remedy
Staffing Services, who became totally or partially
separated from employment on or after July 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 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 24th day of August, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4
Employment and Training Administration
TA-W-74,357
CINRAM DISTRIBUTION, LLC
A SUBSIDIARY OF CINRAM INTERNATIONAL
SIMI VALLEY DISTRIBUTION CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
LABOR READY SOUTHWEST, INC. AND SELECT REMEDY STAFFING SERVICES
SIMI VALLEY, CALIFIORNIA
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 August 24, 2010, applicable to workers
of Cinram Distribution, LLC, a subsidiary of Cinram
International, Simi Valley Distribution Center, include on-site
leased workers from Labor Ready Southwest, Inc., and Select
Remedy Staffing Services, Simi Valley, California. The notice
was published in the Federal Register on September 15, 2010 (75
FR 51643).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in activities related to the supply of DVD, BluRay, and
CD distribution services.
Upon review of the case investigation regarding the subject
firm, the investigation revealed that an earlier petition was
submitted on behalf of the workers of Cinram Distribution, LLC,
Simi Valley, California, dated August 19, 2009. However, that
petition was not properly instituted.
In order to include workers in the certified worker group
who were separated before July 7, 2009, the Department is
amending the impact date for TA-W-74,357 to August 19, 2008, one
year before the petition date of August 19, 2009. The
investigation revealed that worker separations between August
19, 2008 and July 7, 2009 were attributable to the increased
imports that were the basis for certification.
The amended notice applicable to TA-W-74,357 is hereby
issued as follows:
“All workers of Cinram Distribution, LLC, a subsidiary of
Cinram International, including on-site leased workers from
Labor Ready Southwest, Inc., and Select Remedy Staffing
Services, Simi Valley, California, who became totally or
partially separated from employment on or after August 19,
2008, through August 24, 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 4th day of January, 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-74,357
CINRAM DISTRIBUTION, LLC
A SUBSIDIARY OF CINRAM INTERNATIONAL
SIMI VALLEY DISTRIBUTION CENTER
INCLUDING ON-SITE LEASED WORKERS FROM LABOR READY SOUTHWEST,
INC. AND SELECT REMEDY STAFFING SERVICES
SIMI VALLEY, CALIFORNIA
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 July 8, 2010 by a state official on behalf of workers
of Cinram Distribution, LLC, a subsidiary of Cinram
International, Simi Valley Distribution Center, Simi Valley,
California (Cinram). The workers are engaged in activities
related to the supply of DVD, BluRay, and CD distribution
services.
The worker group included on-site leased workers from Labor
Ready Southwest, Inc., and Select Remedy Staffing Services.
The investigation revealed that workers of Cinram who are
engaged in activities related to the supply of DVD, BluRay, and
CD distribution services meet the criteria for certification.
The worker group is in support of facilities producing
DVD, BluRay, and CD’s at affiliated Cinram facilities under
Trade Adjustment Assistance certifications located in La
Vergne, Tennessee and Olyphant, Pennsylvania (TA-W-74,219 and
TA-W-73,664, respectively). The certifications are based on
increased customer imports (DVD, BluRay, and CD’s).
Section 222(a)(1) has been met because a significant
number of the workers have been separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales of
DVD, BluRay, and CD distribution services by the firm have
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with the
DVD, BluRay, and CD’s produced by the firm increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased reliance on imports of DVD, BluRay, and CD’s
contributed importantly to the worker group separations and
sales declines at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cinram Distribution,
LLC, a subsidiary of Cinram International, Simi Valley
Distribution Center, Simi Valley, California, including on-site
leased workers from Labor Ready Southwest, Inc., and Select
Remedy Staffing Services, who are engaged in employment related
to the supply of DVD, BluRay, and CD distribution 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 Cinram Distribution, LLC, a subsidiary of
Cinram International, Simi Valley Distribution Center,
Simi Valley, California, including on-site leased workers
from Labor Ready Southwest, Inc., and Select Remedy
Staffing Services, who became totally or partially
separated from employment on or after July 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 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 24th day of August, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4