Petitioner Type: State
Impact Date: 10/29/2009
Filed Date: 11/03/2010
Most Recent Update: 02/18/2011
Determination Date: 02/18/2011
Expiration Date: 02/18/2013
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,813
EASTMAN KODAK COMPANY
ELECTROGRAPHIC PRINT SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DATROSE
SPENCERPORT, NEW YORK
TA-W-74,813A
EASTMAN KODAK COMPANY
IPS
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
DAYTON, OHIO
Notice of Initiation of Investigation to
Terminate Certification of Eligibility
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an investigation was initiated in response to a
petition for Trade Adjustment Assistance (TAA) filed on behalf
of Eastman Kodak Company, Electrographic Print Solutions,
Spencerport, New York (EKC-NY). On February 18, 2011, the
Department issued a certification of eligibility to apply for
TAA applicable to workers and former workers of EKC-NY. On March
19, 2013, the Department issued an amended certification of
eligibility to apply for TAA applicable to workers and former
workers of Eastman Kodak Company, IPS, Dayton, Ohio (EKC-OH). A
corrected amended certification of eligibility to apply for TAA
applicable to workers and former workers of EKC-NY and EKC-OH
was issued on April 4, 2013.
A review of the determination and the administrative
record, however, revealed that the amended certification was
erroneously issued. Specifically, the Department misunderstood
the various and distinct articles produced at EKC-NY and EKC-OH.
The Department will conduct an investigation to determine
whether or not workers of Eastman Kodak Company, IPS, including
on-site leased workers, Dayton, Ohio (TA-W-74,813A), have met
the criteria set forth in Section 222(a) or (b) of the Trade Act
of 1974, as amended, and will issue determinations accordingly.
Signed in Washington, D. C. this 25th day of April, 2013
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,813
EASTMAN KODAK COMPANY (GCG)
ELECTROGRAPHIC PRINT SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DATROSE
SPENCERPORT, NEW YORK
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 November 3, 2010 by a one-stop operator on behalf of
workers of Eastman Kodak Company (GCG), Electrophotographic Print
Solutions, Spencerport, New York (Eastman Kodak). The workers
are engaged in activities related to the production of printers
and printer consumables. The group includes on-site leased
workers from Adecco and Datrose.
The investigation revealed that workers of Eastman Kodak who
are engaged in activities related to the production of printers
and printer consumables meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Eastman Kodak have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by the workers’ firm to a foreign country in the production
of articles like or directly competitive with those produced by the
workers’ firm.
Criterion III has been met because the shift of printers and
printer consumables to Malaysia by Eastman Kodak contributed
importantly to worker group separations at Eastman Kodak.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eastman Kodak Company
(GCG), Electrophotographic Print Solutions, including on-site
leased workers from Adecco and Datrose, Spencerport, New York,
who are engaged in activities related to the production printers
and printer consumables 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 Eastman Kodak Company (GCG),
Electrophotographic Print Solutions, including on-site
leased workers from Adecco and Datrose, Spencerport, New
York, who became totally or partially separated from
employment on or after October 29, 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 18th day of February, 2011.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Corrected: April 4, 2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,813
EASTMAN KODAK COMPANY (GCG)
ELECTROGRAPHIC PRINT SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DATROSE
SPENCERPORT, NEW YORK
TA-W-74,813A
EASTMAN KODAK COMPANY
IPS
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
DAYTON, OHIO
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 February 18, 2011, applicable to
workers of Eastman Kodak Company (GCG), Electrographic Print
Solutions, including on-site leased workers from Adecco and
Datrose, Spencerport, New York. The Department’s Notice of
determination was published in the Federal Register on March 10,
2011 (76 FR 13228).
On its own motion, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in activities related to the production of printers and
printer consumables.
The Department determines that workers at Eastman Kodak
Company, IPS, including on-site leased workers from Adecco,
Dayton, Ohio, were affected by the shift in production to a
foreign country which contributed importantly to the worker
separations at Eastman Kodak Company (GCG), Electrographic Print
Solutions, Spencerport, New York.
The amended notice applicable to TA-W-74,813 is hereby
issued as follows:
"All workers of Eastman Kodak Company (GCG),
Electrographic Print Solutions, including on-site
leased workers from Adecco and Datrose, Spencerport,
New York (TA-W-74,813) and Eastman Kodak Company, IPS,
including on-site leased workers from Adecco, Dayton,
Ohio (TA-W-74,813A), who became totally or partially
separated from employment on or after October 29, 2009
through February 18, 2013, 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 March, 2013
/s/ Michael W. Jaffe
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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Employment and Training Administration
TA-W-74,813
EASTMAN KODAK COMPANY
ELECTROGRAPHIC PRINT SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DATROSE
SPENCERPORT, NEW YORK
TA-W-74,813A
EASTMAN KODAK COMPANY
IPS
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
DAYTON, OHIO
Notice of Initiation of Investigation to
Terminate Certification of Eligibility
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an investigation was initiated in response to a
petition for Trade Adjustment Assistance (TAA) filed on behalf
of Eastman Kodak Company, Electrographic Print Solutions,
Spencerport, New York (EKC-NY). On February 18, 2011, the
Department issued a certification of eligibility to apply for
TAA applicable to workers and former workers of EKC-NY. On March
19, 2013, the Department issued an amended certification of
eligibility to apply for TAA applicable to workers and former
workers of Eastman Kodak Company, IPS, Dayton, Ohio (EKC-OH). A
corrected amended certification of eligibility to apply for TAA
applicable to workers and former workers of EKC-NY and EKC-OH
was issued on April 4, 2013.
A review of the determination and the administrative
record, however, revealed that the amended certification was
erroneously issued. Specifically, the Department misunderstood
the various and distinct articles produced at EKC-NY and EKC-OH.
The Department will conduct an investigation to determine
whether or not workers of Eastman Kodak Company, IPS, including
on-site leased workers, Dayton, Ohio (TA-W-74,813A), have met
the criteria set forth in Section 222(a) or (b) of the Trade Act
of 1974, as amended, and will issue determinations accordingly.
Signed in Washington, D. C. this 25th day of April, 2013
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,813
EASTMAN KODAK COMPANY (GCG)
ELECTROGRAPHIC PRINT SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DATROSE
SPENCERPORT, NEW YORK
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 November 3, 2010 by a one-stop operator on behalf of
workers of Eastman Kodak Company (GCG), Electrophotographic Print
Solutions, Spencerport, New York (Eastman Kodak). The workers
are engaged in activities related to the production of printers
and printer consumables. The group includes on-site leased
workers from Adecco and Datrose.
The investigation revealed that workers of Eastman Kodak who
are engaged in activities related to the production of printers
and printer consumables meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Eastman Kodak have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by the workers’ firm to a foreign country in the production
of articles like or directly competitive with those produced by the
workers’ firm.
Criterion III has been met because the shift of printers and
printer consumables to Malaysia by Eastman Kodak contributed
importantly to worker group separations at Eastman Kodak.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Eastman Kodak Company
(GCG), Electrophotographic Print Solutions, including on-site
leased workers from Adecco and Datrose, Spencerport, New York,
who are engaged in activities related to the production printers
and printer consumables 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 Eastman Kodak Company (GCG),
Electrophotographic Print Solutions, including on-site
leased workers from Adecco and Datrose, Spencerport, New
York, who became totally or partially separated from
employment on or after October 29, 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 18th day of February, 2011.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Corrected: April 4, 2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,813
EASTMAN KODAK COMPANY (GCG)
ELECTROGRAPHIC PRINT SOLUTIONS
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO AND DATROSE
SPENCERPORT, NEW YORK
TA-W-74,813A
EASTMAN KODAK COMPANY
IPS
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
DAYTON, OHIO
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 February 18, 2011, applicable to
workers of Eastman Kodak Company (GCG), Electrographic Print
Solutions, including on-site leased workers from Adecco and
Datrose, Spencerport, New York. The Department’s Notice of
determination was published in the Federal Register on March 10,
2011 (76 FR 13228).
On its own motion, the Department reviewed the
certification for workers of the subject firm. The workers were
engaged in activities related to the production of printers and
printer consumables.
The Department determines that workers at Eastman Kodak
Company, IPS, including on-site leased workers from Adecco,
Dayton, Ohio, were affected by the shift in production to a
foreign country which contributed importantly to the worker
separations at Eastman Kodak Company (GCG), Electrographic Print
Solutions, Spencerport, New York.
The amended notice applicable to TA-W-74,813 is hereby
issued as follows:
"All workers of Eastman Kodak Company (GCG),
Electrographic Print Solutions, including on-site
leased workers from Adecco and Datrose, Spencerport,
New York (TA-W-74,813) and Eastman Kodak Company, IPS,
including on-site leased workers from Adecco, Dayton,
Ohio (TA-W-74,813A), who became totally or partially
separated from employment on or after October 29, 2009
through February 18, 2013, 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 March, 2013
/s/ Michael W. Jaffe
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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