Petitioner Type: Company
Impact Date: 07/16/2009
Filed Date: 07/22/2010
Most Recent Update: 08/19/2010
Determination Date: 08/19/2010
Expiration Date: 08/19/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,422
WORLD COLOR (USA), LLC
DYERSBURG DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM STAFFMARK,
DIVERSCO, INC., AND METRO INDUSTRIAL - DYERSBURG
DYERSBURG, TENNESSEE
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 July 22, 2010 by a company official on behalf of
workers of World Color (USA), LLC, Dyersburg Division,
Dyersburg, Tennessee (hereinafter referred to as World Color-
Dyersburg Division). The worker group includes on-site leased
workers from Staffmark, Diversco, Inc., and Metro Industrial -
Dyersburg. The workers are engaged in activities related to
the production of magazines and printing additions.
The investigation revealed that workers of World Color-
Dyersburg Division, who are engaged in activities related to
the production of magazines and printing additions, meet the
criteria for certification.
Criterion I has been met because a significant proportion
of workers at World Color-Dyersburg Division has been totally
or partially separated, or threatened with such separation.
Criterion II has been met because World Color-Dyersburg
Division has shifted to a foreign country the production of
articles like or directly competitive with the additions
produced at the Dyersburg, Tennessee facility.
Criterion III has been met because the shift of magazines
and printing additions to Canada by World Color, (USA),
Dyersburg Division contributed importantly to worker group
separations at the Dyersburg, Tennessee facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of World Color-Dyersburg
Division, who are engaged in activities related to the
production of magazines and printing additions, 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 World Color (USA), LLC, Dyersburg
Division, including on-site leased workers from
Staffmark, Diversco, Inc., and Metro Industrial -
Dyersburg, Dyersburg, Tennessee, who became totally or
partially separated from employment on or after July 16,
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 19th day of August, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,422
WORLD COLOR (USA), LLC
DYERSBURG DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM STAFFMARK,
DIVERSCO, INC., AND METRO INDUSTRIAL - DYERSBURG
DYERSBURG, TENNESSEE
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 July 22, 2010 by a company official on behalf of
workers of World Color (USA), LLC, Dyersburg Division,
Dyersburg, Tennessee (hereinafter referred to as World Color-
Dyersburg Division). The worker group includes on-site leased
workers from Staffmark, Diversco, Inc., and Metro Industrial -
Dyersburg. The workers are engaged in activities related to
the production of magazines and printing additions.
The investigation revealed that workers of World Color-
Dyersburg Division, who are engaged in activities related to
the production of magazines and printing additions, meet the
criteria for certification.
Criterion I has been met because a significant proportion
of workers at World Color-Dyersburg Division has been totally
or partially separated, or threatened with such separation.
Criterion II has been met because World Color-Dyersburg
Division has shifted to a foreign country the production of
articles like or directly competitive with the additions
produced at the Dyersburg, Tennessee facility.
Criterion III has been met because the shift of magazines
and printing additions to Canada by World Color, (USA),
Dyersburg Division contributed importantly to worker group
separations at the Dyersburg, Tennessee facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of World Color-Dyersburg
Division, who are engaged in activities related to the
production of magazines and printing additions, 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 World Color (USA), LLC, Dyersburg
Division, including on-site leased workers from
Staffmark, Diversco, Inc., and Metro Industrial -
Dyersburg, Dyersburg, Tennessee, who became totally or
partially separated from employment on or after July 16,
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 19th day of August, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance