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TAW-80354  /  Avery Dennison (Greensboro, NC)

Petitioner Type: Workers
Impact Date: 07/29/2010
Filed Date: 08/10/2011
Most Recent Update: 09/23/2011
Determination Date: 09/23/2011
Expiration Date: 12/16/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,354

AVERY DENNISON
LABEL AND PACKAGING MATERIALS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO STAFFING
GREENSBORO, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated August 10, 2011, resulted
in a negative determination, issued on September 23, 2011, that was
based on no import increase and/or production shift abroad. The
determination was applicable to workers and former workers of Avery
Dennison, Label and Packaging Materials Division, Greensboro, North
Carolina. The notice of determination was published in the Federal
Register on October 7, 2011 (76 FR 62453). The workers’ firm is
engaged in activities related to the production of papers, films
and foils in roll form.
The subject worker group consists of workers in the Label and
Packaging Materials Division of Avery Dennison, located in
Greensboro, North Carolina, who produce pressure-sensitive and non-
adhesive papers, films and foils in roll form. The subject worker
group includes on-site leased workers from Adecco Staffing.
As required by the Trade Adjustment Assistance 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.
Based the information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
group meets the requirements for eligibility to apply for Trade
Adjustment Assistance (TAA).
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Avery Dennison, Label and Packaging
Materials Division, Greensboro, North Carolina, have become totally
or partially separated, or are threatened with such separation.
Section 222(a)(2)(B) has been met because Avery Dennison has
shifted to a foreign country the production of articles directly
competitive with the papers, films and foils in roll form produced
by the subject workers which contributed importantly to worker
group separations at Avery Dennison, Label and Packaging Materials
Division, Greensboro, North Carolina.
Conclusion
After careful review, I determine that workers of Avery
Dennison, Label and Packaging Materials Division, Greensboro, North
Carolina, who were engaged in employment related to the production
of papers, films and foils in roll form, 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 Avery Dennison, Label and Packaging Materials
Division, including on-site leased workers from Adecco
Staffing, Greensboro, North Carolina who became totally or
partially separated from employment on or after July 29, 2010,
through two years from the date of this certification, and all
workers in the group threatened with total or partial
separation from employment on December 20, 2011 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 16th day of December, 2011

/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-80,180

JPMORGAN CHASE & CO.
GLOBAL TECHNOLOGY INFRASTRUCTURE, GLOBAL SERVICES OPERATIONS
HOUSTON, TEXAS

Negative Determination 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 May 13, 2011 by a state workforce official on behalf
of workers of JP Morgan Chase & Co., Global Technology
Infrastructure, Global Services Operations, Houston, Texas.
The workers’ firm supplies financial services. The worker
group supplies information technology (IT) call center support
services.
The petition alleges that workers’ jobs were shifted to a
foreign country. During the course of the investigation,
information was collected from the workers’ firm.
The investigation revealed that JP Morgan Chase & Co.,
Global Technology Infrastructure, Global Services Operations,
Houston, Texas, does not produce an article within the meaning
of Section 222(a) or Section 222(b) of the Act. Rather, the
workers’ firm supplies financial services. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being
sought) must work for a “firm” or appropriate subdivision that
produces an article. The definition of a firm includes an
individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and
receiver under decree of any court.
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 (TAA). 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 workers JP Morgan Chase & Co.,
Global Technology Infrastructure, Global Services Operations,
Houston, Texas, engaged in activities related to the supply
of financial services, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of


1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, D.C., this 8th day of July, 2011


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







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