Petitioner Type: Company
Impact Date: 09/12/2009
Filed Date: 09/13/2010
Most Recent Update: 12/23/2010
Determination Date: 12/23/2010
Expiration Date: 12/23/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,617
TEKNI-PLEX COLORITE SWAN,
TPI ACQUISITION SUBSIDIARY, INC.
COLORITE PLASTICS COMPANY
A SUBSIDIARY OF TEKNI-PLEX, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
TEMP ACCOUNTING SUPPORT
BUCYRUS, OHIO
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 September 13, 2010 by a company official on behalf of
workers of Tekni-Plex Colorite Swan, TPI Acquisition
Subsidiary, Inc., Colorite Plastics Company, a subsidiary of
Tekni-Plex, Inc., Bucyrus, Ohio. The workers are engaged in
activities related to production of recycled polyvinyl scrap.
The worker group includes on-site leased workers from Temp
Accounting Support.
Workers of Tekni-Plex Colorite Swan, TPI Acquisition
Subsidiary, Inc. were covered by certification TA-W-61,981
that expired on September 11, 2009.
The investigation revealed that workers of Tekni-Plex
Colorite Swan, TPI Acquisition Subsidiary, Inc., Bucyrus,
Ohio, who are engaged in activities related to production of
recycled polyvinyl scrap, meet the criteria for certification.
Criterion I has been met because a significant number of
workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with the articles produced by the workers' firm.
Criterion III has been met because the acquisition of
from a foreign country contributed importantly to worker group
separations at the Bucyrus, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tekni-Plex Colorite
Swan, TPI Acquisition Subsidiary, Inc., Colorite Plastics
Company, a subsidiary of Tekni-Plex, Inc., including on-site
leased workers from Temp Accounting Support, Bucyrus, Ohio,
who are engaged in employment related to production of recycled
polyvinyl scrap, 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 Tekni-Plex Colorite Swan, TPI Acquisition
Subsidiary, Inc., Colorite Plastics Company, a subsidiary
of Tekni-Plex, Inc., including on-site leased workers
from Temp Accounting Support, Bucyrus, Ohio, who became
totally or partially separated from employment on or after
September 12, 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 23rd day of December, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,617
TEKNI-PLEX COLORITE SWAN,
TPI ACQUISITION SUBSIDIARY, INC.
COLORITE PLASTICS COMPANY
A SUBSIDIARY OF TEKNI-PLEX, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
TEMP ACCOUNTING SUPPORT
BUCYRUS, OHIO
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 September 13, 2010 by a company official on behalf of
workers of Tekni-Plex Colorite Swan, TPI Acquisition
Subsidiary, Inc., Colorite Plastics Company, a subsidiary of
Tekni-Plex, Inc., Bucyrus, Ohio. The workers are engaged in
activities related to production of recycled polyvinyl scrap.
The worker group includes on-site leased workers from Temp
Accounting Support.
Workers of Tekni-Plex Colorite Swan, TPI Acquisition
Subsidiary, Inc. were covered by certification TA-W-61,981
that expired on September 11, 2009.
The investigation revealed that workers of Tekni-Plex
Colorite Swan, TPI Acquisition Subsidiary, Inc., Bucyrus,
Ohio, who are engaged in activities related to production of
recycled polyvinyl scrap, meet the criteria for certification.
Criterion I has been met because a significant number of
workers in the workers' firm have become totally or partially
separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with the articles produced by the workers' firm.
Criterion III has been met because the acquisition of
from a foreign country contributed importantly to worker group
separations at the Bucyrus, Ohio facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tekni-Plex Colorite
Swan, TPI Acquisition Subsidiary, Inc., Colorite Plastics
Company, a subsidiary of Tekni-Plex, Inc., including on-site
leased workers from Temp Accounting Support, Bucyrus, Ohio,
who are engaged in employment related to production of recycled
polyvinyl scrap, 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 Tekni-Plex Colorite Swan, TPI Acquisition
Subsidiary, Inc., Colorite Plastics Company, a subsidiary
of Tekni-Plex, Inc., including on-site leased workers
from Temp Accounting Support, Bucyrus, Ohio, who became
totally or partially separated from employment on or after
September 12, 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 23rd day of December, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance