DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,495

BCI FITCHBURG
NEWARK GRAPHICBOARD PRODUCTS DIVISION
A SUBSIDIARY OF THE NEWARK GROUP
INCLUDING ON-SITE LEASED WORKERS FROM LABOR READY
FITCHBURG, MASSACHUSETTS

TA-W-80,495A

NEWARK AMERICA
PAPERBOARD MILLS DIVISION
A SUBSIDIARY OF THE NEWARK GROUP
FITCHBURG, 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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 or service 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
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on October 6, 2011 by a state workforce office on behalf
of workers of BCI Fitchburg, Newark Graphicboard Products
Division, a subsidiary of The Newark Group, Fitchburg,
Massachusetts (BCI Fitchburg TA-W-80,495) and Newark America,
Paperboard Mills Division, a subsidiary of The Newark Group,
Fitchburg, Massachusetts (Newark America TA-W-80,495A). The
workers' firm at BCI Fitchburg (TA-W-80,495) is engaged in
activities related to the production of graphicboard cut
panels. The workers' firm at Newark America (TA-W-80,495A) is
engaged in activities related to the production of single ply
laminated sheets of graphicboard. The subject worker group at
BCI Fitchburg (TA-W-80,495) includes on-site leased workers from
Labor Ready.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(1) has been met because 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.
Section 222(b)(2) has been met because BCI Fitchburg (TA-
W-80,495) and Newark America (TA-W-80,495A) are Suppliers to a
firm or subdivision 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 is related to the
actual finished article that was the basis for such
certification.
Section 222(b)(3)(A) has been met because the graphicboard
cut panels produced by BCI Fitchburg (TA-W-80,495) for a firm
that employed a worker group who received a certification of
eligibility accounted for at least 20 percent of the
production or sales of BCI Fitchburg (TA-W-80,495).
Section 222(b)(3)(B) has been met because the loss of
business by Newark America (TA-W-80,495A) with the
aforementioned firm contributed importantly to worker
separations at Newark America (TA-W-80,495A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BCI Fitchburg, Newark
Graphicboard Products Division, a subsidiary of The Newark
Group, including on-site leased workers from Labor Ready,
Fitchburg, Massachusetts (TA-W-80,495) and Newark America,
Paperboard Mills Division, a subsidiary of The Newark Group,
Fitchburg, Massachusetts (TA-W-80,495A), who are engaged in
activities related to the production of graphicboard cut panels
and single ply laminated sheets of graphicboard meet the worker
group certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:


"All workers of BCI Fitchburg, Newark Graphicboard
Products Division, a subsidiary of The Newark Group,
including on-site leased workers from Labor Ready,
Fitchburg, Massachusetts (TA-W-80,495) and Newark America,
Paperboard Mills Division, a subsidiary of The Newark
Group, Fitchburg, Massachusetts (TA-W-80,495A), who became
totally or partially separated from employment on or after
October 5, 2010, through two years from the date of
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 18th day of November, 2011.


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