Petitioner Type: Workers
Impact Date: 07/10/2009
Filed Date: 08/09/2010
Most Recent Update: 09/09/2010
Determination Date: 09/09/2010
Expiration Date: 09/09/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,497
DELUXE DIGITAL STUDIOS, INC.
A SUBSIDIARY OF DELUXE LABORATORIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO STAFFING
MOOSIC, 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 August 9, 2010 on behalf of workers of Deluxe Digital
Studios, Inc., a subsidiary of Deluxe Laboratories, Inc.,
Moosic, Pennsylvania (Deluxe). The petition was originally
dated on June 28, 2010. However, in maintaining consistency
within the code of federal regulations, a petition date should
not be more than 30 days before the date of filing.
Workers at the subject firm are engaged in Blu-ray DVD
production activities that include authoring services and
enhanced capabilities. Workers are not separately identifiable
by product.
The subject firm also leased workers from Adecco Staffing
during the relevant period.
The investigation revealed that workers of Deluxe are
engaged in employment related to the production of Blue-ray
dvd's meet the criteria for certification.
Criterion I has been met because significant number of
workers at the firm have been separated during the relevant
period.
Criterion II has been satisfied because the workers' firm
is shifting to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers at the subject firm.
Criterion III has been met because the shift of Blu-ray
DVD production activities to India contributed importantly to
worker group separations at Deluxe Digital Studios, Inc., a
subsidiary of Deluxe Laboratories, Inc., Moosic, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Deluxe Digital
Studios, Inc., a subsidiary of Deluxe Laboratories, Inc.,
Moosic, Pennsylvania, including on-site leased workers from
Adecco Staffing, who are engaged in employment related to the
production of Blu-ray DVD's 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 Deluxe Digital Studios, Inc., a subsidiary
of Deluxe Laboratories, Inc., Moosic, Pennsylvania,
including on-site leased workers from Adecco Staffing, who
became totally or partially separated from employment on or
after July 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 9th day of September, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,497
DELUXE DIGITAL STUDIOS, INC.
A SUBSIDIARY OF DELUXE LABORATORIES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO STAFFING
MOOSIC, 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 August 9, 2010 on behalf of workers of Deluxe Digital
Studios, Inc., a subsidiary of Deluxe Laboratories, Inc.,
Moosic, Pennsylvania (Deluxe). The petition was originally
dated on June 28, 2010. However, in maintaining consistency
within the code of federal regulations, a petition date should
not be more than 30 days before the date of filing.
Workers at the subject firm are engaged in Blu-ray DVD
production activities that include authoring services and
enhanced capabilities. Workers are not separately identifiable
by product.
The subject firm also leased workers from Adecco Staffing
during the relevant period.
The investigation revealed that workers of Deluxe are
engaged in employment related to the production of Blue-ray
dvd's meet the criteria for certification.
Criterion I has been met because significant number of
workers at the firm have been separated during the relevant
period.
Criterion II has been satisfied because the workers' firm
is shifting to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers at the subject firm.
Criterion III has been met because the shift of Blu-ray
DVD production activities to India contributed importantly to
worker group separations at Deluxe Digital Studios, Inc., a
subsidiary of Deluxe Laboratories, Inc., Moosic, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Deluxe Digital
Studios, Inc., a subsidiary of Deluxe Laboratories, Inc.,
Moosic, Pennsylvania, including on-site leased workers from
Adecco Staffing, who are engaged in employment related to the
production of Blu-ray DVD's 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 Deluxe Digital Studios, Inc., a subsidiary
of Deluxe Laboratories, Inc., Moosic, Pennsylvania,
including on-site leased workers from Adecco Staffing, who
became totally or partially separated from employment on or
after July 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 9th day of September, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance