Petitioner Type: State
Impact Date:
Filed Date: 04/26/2012
Most Recent Update: 07/26/2012
Determination Date: 07/26/2012
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,538
STATE JOURNAL REGISTER
CAMERA AND PLATE DEPARTMENT
SPRINGFIELD, ILLINOIS
Notice of Negative Determination
on Reconsideration
On September 12, 2012, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois. The Department’s Notice of determination was published in the Federal Register on September 25, 2012 (77 FR 59013).
The request for reconsideration asserted that workers within the Camera and Plate Department worked in conjunction with workers in the State Journal Register, Press Imaging Department, Springfield, Illinois. Workers of State Journal Register, Press Imaging Department, Springfield, Illinois are eligible to apply for Trade Adjustment Assistance (TAA) under TA-W-81,361.
During the reconsideration investigation, the Department obtained information related to the operations between the afore-mentioned groups. Based on the information, the Department issued an amended certification to include workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois (TA-W-81,361A). Consequently, the request for reconsideration is moot.
Conclusion
After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois.
Signed in Washington, D.C. on this 16th day of July, 2014
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,538
STATE JOURNAL REGISTER
CAMERA AND PLATE DEPARTMENT
SPRINGFIELD, ILLINOIS
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated August 24, 2012, a worker requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois. The determination was issued on July 26, 2012. The Department’s Notice of determination was published in the Federal Register on August 9, 2012 (77 FR 47674). The workers’ firm is engaged in activities related to the production of a daily newspaper. The subject worker group performs image manipulation for publication.
The initial investigation resulted in a negative determination based on the findings that a significant number or proportion of workers at State Journal Register, Camera and Plate Department, Springfield, Illinois has not been totally or partially separated, or threatened with such separation, and that the criteria of Section 222(e) of the Trade Act, as amended, have not been met.
The request for reconsideration states that the dislocated workers were part of the “Pre-Press Imaging Department” of State Journal Register, Springfield, Illinois.
A careful review of the existing record has revealed that the petition was filed on behalf of “Camera/Plate-Prepress-Imaging, Ad Srvs. & Market” workers at State Journal Register, Springfield, Illinois who were affected by the shift of “advertising ad work” to a foreign country.
The Department will conduct further investigation to clarify the subject worker group and to determine if workers have met the eligibility requirements of the Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 12th day of September, 2012
/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,538
STATE JOURNAL REGISTER
CAMERA AND PLATE DEPARTMENT
SPRINGFIELD, ILLINOIS
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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. § 2282(a)(1)) requires that a
significant number or proportion of the workers in the
workers' firm must have become totally or partially
separated or be threatened with total or partial
separation.
(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) (I) imports of articles or services like or directly
competitive with articles or services produced
or supplied by the workers' firm have increased,
OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that
are like or directly competitive with the
article into which the component part produced
by the workers' firm was directly incorporated
have increased.
(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.
(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
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." 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
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.
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury
or threat thereof under section 202(b)(1);
(B) an affirmative determination of market
disruption or threat thereof under section
421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act
of 1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register
under section 202(f)(3); or
(B) notice of an affirmative determination
described in subparagraph (1) is published in
the Federal Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2);
or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on April 26, 2012 by a Illinois One Stop
Operator/Partner on behalf of workers of the Camera and Plate
Department of the State Journal Register in Springfield,
Illinois. The workers' firm is engaged in activities related
to the production of a daily newspaper. The subject worker
group performs image manipulation for publication.
The petitioner cites an earlier certification for another
worker group at the State Journal Register. This
investigation has revealed that the Camera and Plate
Department is a separate worker group from the Creative
Services Department.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not
been met because a significant number or proportion of the
workers in such workers' firm, have not become totally or
partially separated, nor are they threatened to become totally
or partially separated. The investigation revealed that the
total number of worker separations was less than three and
hence below the threshold of significance.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publically identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat
thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section
222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of the
Camera and Plate Department of the State Journal Register,
Springfield, Illinois to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 26th day of July, 2012
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-81,538
STATE JOURNAL REGISTER
CAMERA AND PLATE DEPARTMENT
SPRINGFIELD, ILLINOIS
Notice of Negative Determination
on Reconsideration
On September 12, 2012, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois. The Department’s Notice of determination was published in the Federal Register on September 25, 2012 (77 FR 59013).
The request for reconsideration asserted that workers within the Camera and Plate Department worked in conjunction with workers in the State Journal Register, Press Imaging Department, Springfield, Illinois. Workers of State Journal Register, Press Imaging Department, Springfield, Illinois are eligible to apply for Trade Adjustment Assistance (TAA) under TA-W-81,361.
During the reconsideration investigation, the Department obtained information related to the operations between the afore-mentioned groups. Based on the information, the Department issued an amended certification to include workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois (TA-W-81,361A). Consequently, the request for reconsideration is moot.
Conclusion
After careful reconsideration, I affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois.
Signed in Washington, D.C. on this 16th day of July, 2014
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,538
STATE JOURNAL REGISTER
CAMERA AND PLATE DEPARTMENT
SPRINGFIELD, ILLINOIS
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated August 24, 2012, a worker requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of State Journal Register, Camera and Plate Department, Springfield, Illinois. The determination was issued on July 26, 2012. The Department’s Notice of determination was published in the Federal Register on August 9, 2012 (77 FR 47674). The workers’ firm is engaged in activities related to the production of a daily newspaper. The subject worker group performs image manipulation for publication.
The initial investigation resulted in a negative determination based on the findings that a significant number or proportion of workers at State Journal Register, Camera and Plate Department, Springfield, Illinois has not been totally or partially separated, or threatened with such separation, and that the criteria of Section 222(e) of the Trade Act, as amended, have not been met.
The request for reconsideration states that the dislocated workers were part of the “Pre-Press Imaging Department” of State Journal Register, Springfield, Illinois.
A careful review of the existing record has revealed that the petition was filed on behalf of “Camera/Plate-Prepress-Imaging, Ad Srvs. & Market” workers at State Journal Register, Springfield, Illinois who were affected by the shift of “advertising ad work” to a foreign country.
The Department will conduct further investigation to clarify the subject worker group and to determine if workers have met the eligibility requirements of the Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 12th day of September, 2012
/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,538
STATE JOURNAL REGISTER
CAMERA AND PLATE DEPARTMENT
SPRINGFIELD, ILLINOIS
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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. § 2282(a)(1)) requires that a
significant number or proportion of the workers in the
workers' firm must have become totally or partially
separated or be threatened with total or partial
separation.
(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) (I) imports of articles or services like or directly
competitive with articles or services produced
or supplied by the workers' firm have increased,
OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that
are like or directly competitive with the
article into which the component part produced
by the workers' firm was directly incorporated
have increased.
(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.
(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
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." 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
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.
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury
or threat thereof under section 202(b)(1);
(B) an affirmative determination of market
disruption or threat thereof under section
421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act
of 1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register
under section 202(f)(3); or
(B) notice of an affirmative determination
described in subparagraph (1) is published in
the Federal Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2);
or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on April 26, 2012 by a Illinois One Stop
Operator/Partner on behalf of workers of the Camera and Plate
Department of the State Journal Register in Springfield,
Illinois. The workers' firm is engaged in activities related
to the production of a daily newspaper. The subject worker
group performs image manipulation for publication.
The petitioner cites an earlier certification for another
worker group at the State Journal Register. This
investigation has revealed that the Camera and Plate
Department is a separate worker group from the Creative
Services Department.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not
been met because a significant number or proportion of the
workers in such workers' firm, have not become totally or
partially separated, nor are they threatened to become totally
or partially separated. The investigation revealed that the
total number of worker separations was less than three and
hence below the threshold of significance.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publically identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat
thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section
222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of the
Camera and Plate Department of the State Journal Register,
Springfield, Illinois to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 26th day of July, 2012
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance