Petitioner Type: Union
Impact Date:
Filed Date: 03/15/2011
Most Recent Update: 06/22/2011
Determination Date: 06/22/2011
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,041
QUAD/GRAPHICS
A SUBDIVISION OF QUAD GRAPHICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SPS TEMPORARIES
DEPEW, NEW YORK
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an investigation was initiated in response to a
petition filed on March 15, 2011, on behalf of workers of
Quad/Graphics, a Subdivision of Quad Graphics, Inc., Depew,
New York. The negative determination was published in the
Federal Register on July 8, 2011 (76 FR 40402). The worker
group includes on-site leased workers from SPS Temporaries.
As required by the Trade Adjustment Assistance (TAA)
Extension Act of 2011 (the TAAEA), the investigation into this
petition was reopened for a reconsideration investigation to
apply the requirements for worker group eligibility under
chapter 2 of title II of the Trade Act of 1974, as amended by
the TAAEA, to the facts of this petition.
The worker group on whose behalf the petition was filed is
covered under a certification (TA-W-73,441G) applicable to
workers and former workers of Quad Graphics, Inc., a wholly-
owned subdivision of Quad Graphics, Inc., including leased
workers from SPS Temporaries, Depew, New York, who were totally
or partially separated or threatened with such separation from
February 9, 2009 through September 27, 2013. Consequently, the
investigation has been terminated.
Signed in Washington, D.C., this 20th day of January, 2012
/s/ Del Min Amy Chen
____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,041
QUAD / GRAPHICS
DEPEW, NEW YORK
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For
the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
(1) 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 such workers' firm,
or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become
totally or partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article that
was the basis for such certification; and
(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to
the workers’ separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 15, 2011 by a union representative, Teamsters,
Local 264, on behalf of workers at Quad / Graphics, Depew, New
York. The workers’ firm is engaged in activities related to the
production of mass market paperback books.
The petitioner alleges that increased imports and shifts
in production have negatively impacted employment at the
workers’ firm. The investigation included analysis of data
supplied by the workers’ firm, a survey of the firm’s major
declining customers and information provided by the
petitioner.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there has not been a shift in
production of mass market paperback books by the workers’ firm
to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the mass market paperback books
produced by the firm have not increased.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers’ firm is not a
Supplier or Downstream Producer to a firm that employed a group
of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Quad / Graphics,
Depew, New York, engaged in activities related to production
of mass market paperback books, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, amended.
Signed in Washington, D.C. this 22nd day of June, 2011
/s/Michael W. Jaffe___________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-80,041
QUAD/GRAPHICS
A SUBDIVISION OF QUAD GRAPHICS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SPS TEMPORARIES
DEPEW, NEW YORK
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an investigation was initiated in response to a
petition filed on March 15, 2011, on behalf of workers of
Quad/Graphics, a Subdivision of Quad Graphics, Inc., Depew,
New York. The negative determination was published in the
Federal Register on July 8, 2011 (76 FR 40402). The worker
group includes on-site leased workers from SPS Temporaries.
As required by the Trade Adjustment Assistance (TAA)
Extension Act of 2011 (the TAAEA), the investigation into this
petition was reopened for a reconsideration investigation to
apply the requirements for worker group eligibility under
chapter 2 of title II of the Trade Act of 1974, as amended by
the TAAEA, to the facts of this petition.
The worker group on whose behalf the petition was filed is
covered under a certification (TA-W-73,441G) applicable to
workers and former workers of Quad Graphics, Inc., a wholly-
owned subdivision of Quad Graphics, Inc., including leased
workers from SPS Temporaries, Depew, New York, who were totally
or partially separated or threatened with such separation from
February 9, 2009 through September 27, 2013. Consequently, the
investigation has been terminated.
Signed in Washington, D.C., this 20th day of January, 2012
/s/ Del Min Amy Chen
____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,041
QUAD / GRAPHICS
DEPEW, NEW YORK
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For
the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
(1) 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 such workers' firm,
or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become
totally or partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article that
was the basis for such certification; and
(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to
the workers’ separation or threat of separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 15, 2011 by a union representative, Teamsters,
Local 264, on behalf of workers at Quad / Graphics, Depew, New
York. The workers’ firm is engaged in activities related to the
production of mass market paperback books.
The petitioner alleges that increased imports and shifts
in production have negatively impacted employment at the
workers’ firm. The investigation included analysis of data
supplied by the workers’ firm, a survey of the firm’s major
declining customers and information provided by the
petitioner.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that there has not been a shift in
production of mass market paperback books by the workers’ firm
to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the mass market paperback books
produced by the firm have not increased.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers’ firm is not a
Supplier or Downstream Producer to a firm that employed a group
of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Quad / Graphics,
Depew, New York, engaged in activities related to production
of mass market paperback books, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, amended.
Signed in Washington, D.C. this 22nd day of June, 2011
/s/Michael W. Jaffe___________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance