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TAW-81862  /  Brockway Mould, Inc. (Brockport, PA)

Petitioner Type: Union
Impact Date: 08/31/2012
Filed Date: 08/06/2012
Most Recent Update: 09/17/2012
Determination Date: 09/17/2012
Expiration Date: 09/17/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,862

BROCKWAY MOULD, INC.
A DIVISION OF ROSS ITNERNATIONAL LTD
INCLUDING ROBERT LERCH FROM BJR TRUCKING
BROCKPORT, PENNSYLVVANIA

Amended 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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on September 17, 2012, applicable to
workers and former workers of Brockway Mould, Inc., a division of
Ross International Ltd, Brockport, Pennsylvania (subject firm).
The workers are engaged in activities related to the production
of mould equipment primarily used to produce bottles, containers,
and jars. The Department’s Notice was published in the Federal
Register on October 5, 2012 (77 FR 61030).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information from the subject firm reflects that one employee
(Robert Lerch) from BJR Trucking was employed on-site at the
Brockport, Pennsylvania location of Brockway Mould, Inc. The
Department has determined that this employee was sufficiently
under the control of Brockway Mould, Inc. to be included in this
certification.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in the production of mould equipment for glass containers
to Columbia and Hungary.
Based on these findings, the Department is amending this
certification to include Robert Lerch from BJR Trucking.
The amended notice applicable to TA-W-81,862 is hereby
issued as follows:
"All workers from Brockway Mould, Inc., a division of
Ross International Ltd., including Robert Lerch from
BJR Trucking, Brockway, Pennsylvania, who became
totally or partially separated from employment on or
after August 31, 2012, through September 17, 2014, and
all workers in the group threatened with total or
partial separation from employment on September 17,
2012 through September 17, 2014, are eligible to apply
for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 6th day of February, 2013

/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-81,862

BROCKWAY MOULD, INC.
A DIVISION OF ROSS INTERNATIONAL LTD
BROCKPORT, PENNSYLVANIA

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 for
Trade Adjustment Assistance (TAA) filed on August 6, 2012 by United
Steel Workers (USW) on behalf of workers from Brockway Mould, Inc.,
a division of Ross International Ltd., Brockport, Pennsylvania
(Brockway). The workers’ firm is engaged in activities related to
the production of mould equipment primarily used for producing
bottles, containers, and jars.
Workers of Brockway were eligible to apply for TAA under an
earlier certification (TA-W-74,307; expired on August 30, 2012).
Section 222(a)(1) has been met because a significant number or
proportion of the workers at Brockway have become totally or
partially separated, or threatened with such separation.
Section 222(a)(2)(B) has been met because Brockway has shifted
to a foreign country the production of articles like or directly
competitive with those produced by the subject firm, which
contributed importantly to worker separations at Brockway.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Brockway Mould, Inc., a
division of Ross International Ltd., Brockway, Pennsylvania who are
engaged in activities related to the production of mould equipment,
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 Brockway Mould, Inc., a division of Ross
International Ltd., Brockway, Pennsylvania who became totally
or partially separated from employment on or after August 31,
2012 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 17th day of September, 2012


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




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