Certified
« back to search results

TAW-74874  /  Solo Cup Operating Corporation (North Andover, MA)

Petitioner Type: State
Impact Date: 11/08/2009
Filed Date: 11/15/2010
Most Recent Update: 01/19/2011
Determination Date: 01/19/2011
Expiration Date: 01/19/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,874

SOLO CUP OPERATING CORPORATION
NORTH ANDOVER, MASSACHUSETTS

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 15, 2010, by a state agency representative on
behalf of workers of Solo Cup Operating Corporation, North
Andover, Massachusetts. The workers produce cutlery.
The investigation revealed that workers of Solo Cup
Operating Corporation, North Andover, Massachusetts, who are
engaged in activities related to production of cutlery, meet
the criteria for certification.
Criterion I has been met because a significant number of
workers have been totally or partially separated during the
relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
firm.
Criterion III has been met because the shift in
production contributed importantly to worker group separations
at the North Andover, Massachusetts facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Solo Cup Operating
Corporation, North Andover, Massachusetts, who are engaged in
activities related to production of cutlery, 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 Solo Cup Operating Corporation, North
Andover, Massachusetts, who became totally or partially
separated from employment on or after November 8, 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 19th day of January, 2011

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance