Certified
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TAW-81839  /  Swisher International, Inc. (Jacksonville, FL)

Petitioner Type: Union
Impact Date: 07/31/2011
Filed Date: 08/01/2012
Most Recent Update: 11/09/2012
Determination Date: 11/09/2012
Expiration Date: 11/09/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,839

SWISHER INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION
JACKSONVILLE, FLORIDA

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 August 1, 2012 by the United Food and Commercial
Workers International Union (UFCW), Local 531, on behalf of
workers of Swisher International, Inc., Jacksonville, Florida
(Swisher). The subject workers were engaged in employment
related to the production of cigars. The worker group
includes on-site leased workers from Spherion.
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 acquired from a foreign country the production of
articles like or directly competitive with the cigars produced
by the workers which contributed importantly to worker group
separations at Swisher.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Swisher
International, Inc., Jacksonville, Florida, who were engaged
in employment related to the production of cigars, 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 Swisher International, Inc., including
on-site leased workers from Spherion, Jacksonville,
Florida, who became totally or partially separated from
employment on or after July 31, 2011, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on 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 9th day of November, 2012


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance