Certified
« back to search results

TAW-81340  /  The Berry Company, LLC (Moraine, OH)

Petitioner Type: Company
Impact Date: 10/02/2011
Filed Date: 02/17/2012
Most Recent Update: 03/12/2012
Determination Date: 03/12/2012
Expiration Date: 03/12/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,340

THE BERRY COMPANY, LLC
A SUBSIDIARY OF TBD HOLDINGS I, INC.
DAYTON, OHIO

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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on February 17, 2012 by a company official on behalf of
workers of The Berry Company, LLC, a subsidiary of TBC Holdings
I, Inc., Dayton, Ohio. The workers' firm is engaged in
activities related to production of telephone directory and
Internet advertisements.
Workers of The Berry Company, LLC, a subsidiary of TBC
Holdings I, Inc., Dayton, Ohio were previously certified
eligible to apply for adjustment assistance under petition
number TA-W-70,838. That certification expired on October 1,
2011.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(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(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country production of
advertisements like or directly competitive with the
advertisements produced by the workers which contributed
importantly to worker group separations at The Berry Company,
LLC, a subsidiary of TBC Holdings I, Inc., Dayton, Ohio.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Berry Company,
LLC, a subsidiary of TBC Holdings I, Inc., Dayton, Ohio, who
are engaged in activities related to production of
advertisements 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 The Berry Company, LLC, a subsidiary of
TBC Holdings I, Inc., Dayton, Ohio, who became totally or
partially separated from employment on or after October 2,
2011, 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 12th day of March, 2012


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