Petitioner Type: Workers
Impact Date: 06/26/2012
Filed Date: 01/31/2013
Most Recent Update: 03/15/2013
Determination Date: 03/15/2013
Expiration Date: 03/15/2015
DEPARTMENT OF LABOR
Employment and Training Administration
BUSINESS CONFIDENTIAL
TA-W-82,399
BERWICK OFFRAY, LLC
A SUBSIDIARY OF CSS INDUSTRIES, INC.
INCLUDING WORKERS WHOSE WAGES ARE PAID UNDER CSS INDUSTRIES,
INC.
AND INCLUDING ON-SITE LEASED WORKERS FROM
ONESOURCE STAFFING SOLUTIONS AND SUPERIOR RECRUITING AGENCY, LLC
BERWICK, 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
filed on January 31, 2013 on behalf of workers of Berwick
Offray, LLC, a subsidiary of CSS Industries, Inc., Berwick,
Pennsylvania (Berwick). The subject firm is engaged in
activities related to the production of decorative ribbons and
bows. The worker group includes seasonal workers, workers whose
wages are paid under "CSS Industries, Inc." and on-site leased
workers from OneSource Staffing Solutions and Superior
Recruiting Agency, LLC.
Workers of Berwick Offray, LLC, Berwick, Pennsylvania were
eligible to apply for Trade Adjustment Assistance under an
earlier certification (TA-W-74,039; expired on June 25, 2012).
During the course of the investigation, information was
collected from the petitioners and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Berwick have become totally or
partially separated, or are threatened with such separation. A
significant number or proportion means, in a work force of fifty
workers or more workers, fifty workers or five percent of the
work force (whichever is less). 29 CFR 90
Section 222(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country the production of articles like
or directly competitive with the decorative ribbons and bows
produced by the workers, which contributed importantly to worker
group separations at Berwick.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Berwick Offray, LLC,
Berwick, Pennsylvania, who are engaged in activities related to
the production of decorative ribbons and bows, 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 Berwick Offray, LLC, a subsidiary of CSS
Industries, Inc., including on-site leased workers from
OneSource Staffing Solutions and Superior Recruiting
Agency, LLC, Berwick, Pennsylvania, who became totally or
partially separated from employment on or after June 26,
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 15th day of March, 2013
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
BUSINESS CONFIDENTIAL
TA-W-82,399
BERWICK OFFRAY, LLC
A SUBSIDIARY OF CSS INDUSTRIES, INC.
INCLUDING WORKERS WHOSE WAGES ARE PAID UNDER CSS INDUSTRIES,
INC.
AND INCLUDING ON-SITE LEASED WORKERS FROM
ONESOURCE STAFFING SOLUTIONS AND SUPERIOR RECRUITING AGENCY, LLC
BERWICK, 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
filed on January 31, 2013 on behalf of workers of Berwick
Offray, LLC, a subsidiary of CSS Industries, Inc., Berwick,
Pennsylvania (Berwick). The subject firm is engaged in
activities related to the production of decorative ribbons and
bows. The worker group includes seasonal workers, workers whose
wages are paid under "CSS Industries, Inc." and on-site leased
workers from OneSource Staffing Solutions and Superior
Recruiting Agency, LLC.
Workers of Berwick Offray, LLC, Berwick, Pennsylvania were
eligible to apply for Trade Adjustment Assistance under an
earlier certification (TA-W-74,039; expired on June 25, 2012).
During the course of the investigation, information was
collected from the petitioners and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers at Berwick have become totally or
partially separated, or are threatened with such separation. A
significant number or proportion means, in a work force of fifty
workers or more workers, fifty workers or five percent of the
work force (whichever is less). 29 CFR 90
Section 222(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country the production of articles like
or directly competitive with the decorative ribbons and bows
produced by the workers, which contributed importantly to worker
group separations at Berwick.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Berwick Offray, LLC,
Berwick, Pennsylvania, who are engaged in activities related to
the production of decorative ribbons and bows, 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 Berwick Offray, LLC, a subsidiary of CSS
Industries, Inc., including on-site leased workers from
OneSource Staffing Solutions and Superior Recruiting
Agency, LLC, Berwick, Pennsylvania, who became totally or
partially separated from employment on or after June 26,
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 15th day of March, 2013
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance