Certified
« back to search results

TAW-75055  /  Bright of America, LLC (Summersville, WV)

Petitioner Type: Union
Impact Date: 12/29/2009
Filed Date: 12/30/2010
Most Recent Update: 06/14/2011
Determination Date: 06/14/2011
Expiration Date: 06/14/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,055

BRIGHT OF AMERICA, LLC
SUMMERSVILLE, WEST VIRGINIA

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on December 30, 2010, by the Workers United, Local Union
863, for workers of Bright of America LLC, Summersville, West
Virginia (Bright of America). The workers were engaged in
employment related to the production of scented glass candles,
laminated placements, education products, potpourri, and like
articles. The workers are not separately identifiable by product
line.
The investigation revealed that workers of Bright of
America, who are engaged in activities related to the production
of scented glass candles, laminated placements, education
products, potpourri, and like articles, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Bright of America have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of candles by Bright of America have decreased
absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles produced by Bright of America have increased.
Specifically, aggregate United States imports of candles
compared to United States production of candles increased
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased aggregate United States imports of candles
contributed importantly to the worker group separations and
sales and production declines at Bright of America.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bright of America
LLC, Summersville, West Virginia, 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 Bright of America LLC, Summersville, West
Virginia, who became totally or partially separated from
employment on or after December 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 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 14th day of June, 2011


/s/Del Min Amy Chen________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance