Petitioner Type: Workers
Impact Date: 04/17/2012
Filed Date: 04/22/2013
Most Recent Update: 08/30/2013
Determination Date: 08/30/2013
Expiration Date: 08/30/2015
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,680E
SUPERMEDIA LLC
A SUBSIDIARY OF DEX MEDIA, INC.
PUBLISHING OPERATIONS DIVISION
SALES SUPPORT GROUP
WESTERVILLE, OHIO
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, on August 30, 2013, the Department of Labor (Department) issued a Notice of Revised Determination on Reconsideration regarding eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of SuperMedia LLC, Publishing Operations Division, Account Management Group (TA-W-82,680), Internet Publishing Operations Group (TA-W-82,680A), and Listing Management Group (TA-W-82,680B), a subsidiary of Dex Media Inc., St. Petersburg, Florida. On August 14, 2014, the Department issued an amended certification to include workers and former workers of SuperMedia LLC, Publishing Operations Division, a subsidiary of Dex Media Inc., Westerville, Ohio (TA-W-82,680C) and Lexington, Kentucky (TA-W-82,680D).
The afore-mentioned worker groups are engaged in activities related to the supply of publishing, advertising and media services.
The Department received another request to include the Sales Support Group at the Westerville, Ohio facility. During the second amendment investigation, the Department received information that the afore-mentioned facility operated in conjunction with the St. Petersburg, Florida facility and that the worker separations in the Sales Support Group are related to the shift in the supply of services which was the basis for the certification of the worker groups at the St. Petersburg, Florida facility. Accordingly, the amended certification applicable to TA-W-82,680E is hereby issued as follows:
"All workers of SuperMedia LLC, a subsidiary of Dex Media, Inc., Publishing Operations Division, Sales Support Group, Westerville, Ohio (TA-W-82,680E) who became totally or partially separated from employment on or after April 17, 2012 through August 30, 2015, and all workers in the group threatened with total or partial separation from employment through August 30, 2015, 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 10th day of October, 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-82,680
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
ACCOUNT MANAGEMENT GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
TA-W-82,680A
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
INTERNET PUBLISHING OPERATIONS GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
TA-W-82,680B
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
LISTING MANAGEMENT GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
Notice of Revised Determination on Reconsideration
On August 2, 2013, the Department of Labor (Department)
issued a negative determination applicable to workers and former
workers of SuperMedia LLC, Publishing Operation Division,
Account Management Group, Internet Publishing Operations Group,
and Listing Management Group, a subsidiary of Dex Media, Inc.,
St. Petersburg, Florida. Workers within the Publishing
Operations Division are separately identifiable by service
supplied.
The subject worker groups include on-site leased workers
from TAC Worldwide Companies.
Workers of SuperMedia LLC, Publishing Operation Division,
Accounting Management Group (TA-W-82,680) and the Listing
Management Group (TA-W-82,680B), St. Petersburg, Florida were
eligible to apply for Trade Adjustment Assistance (TAA) under
TA-W-74,033 (expired on July 27, 2012).
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.
After the issuance of the negative determination, the
Department received revised information from the subject firm
regarding Account Management Group (TA-W-82,680) and Internet
Publishing Operations Group (TA-W-82,680A).
With regards to Account Management Group and Internet
Publishing Operations Group, the Department determines that
Section 222(a)(1) has been met because a significant number or
proportion of the workers in each Group have become totally or
partially separated.
With regards to Account Management Group (TA-W-82,680) and
Internet Publishing Operations Group (TA-W-82,680A), the
Department determines that Section 222(a)(2)(B) has been met
because SuperMedia LLC has shifted to a foreign country the
supply of services like or directly competitive with those
supplied by the subject workers, which contributed importantly
to worker group separations at SuperMedia LLC, Publishing
Operation Division, Account Management Group and Internet
Publishing Operations Group, St. Petersburg, Florida.
The Department did not receive new or revised information
regarding Listing Management Group (TA-W-82,680B). Consequently,
the determination applicable to workers and former workers of
SuperMedia LLC, Publishing Operation Division, Listing
Management Group, St. Petersburg, Florida is unchanged.
Conclusion
I affirm that, with regards to SuperMedia LLC, Publishing
Operation Division, Listing Management Group, St. Petersburg,
Florida, 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 SuperMedia LLC, Publishing Operation
Division, Listing Management Group, a subsidiary of Dex Media,
Inc., St. Petersburg, Florida (TA-W-82,680B), in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
After careful review of the new information obtained during
the reconsideration investigation, I determine that workers and
former workers of SuperMedia LLC, Publishing Operation Division,
Account Management Group and Internet Publishing Operations
Group, St. Petersburg, Florida, 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 SuperMedia LLC, Publishing Operation
Division, Account Management Group, a subsidiary of Dex
Media, Inc., St. Petersburg, Florida (TA-W-82,680) who
became totally or partially separated from employment on or
after July 28, 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;” and
“All workers of SuperMedia LLC, Publishing Operation
Division, Internet Publishing Operations Group, a
subsidiary of Dex Media, Inc., St. Petersburg, Florida (TA-
W-82,680A) who became totally or partially separated from
employment on or after April 17, 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 30th day of August, 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-82,680C
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
A SUBSIDIARY OF DEX MEDIA INC.
WESTERVILLE, OHIO
TA-W-82,680D
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
A SUBSIDIARY OF DEX MEDIA INC.
LEXINGTON, KENTUCKY
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, on August 30, 2013, the Department of Labor (Department) issued a Notice of Revised Determination on Reconsideration regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers of SuperMedia LLC, Publishing Operations Division, Account Management Group (TA-W-82,680), Internet Publishing Operations Group (TA-W-82,680A) and Listing Management Group (TA-W-82,680B), a subsidiary of Dex Media Inc., St. Petersburg, Florida. The afore-mentioned worker groups are engaged in activities related to the supply of publishing, advertising and media services, and include on-site leased workers from TAC Worldwide Companies.
Following the issuance of the revised determination on reconsideration, the Department received a request from a separated worker to amend the certification to include workers at two affiliated facilities which operated in conjunction with the St. Petersburg, Florida facility: Westerville, Ohio (TA-W-82,680C) and Lexington, Kentucky (TA-W-82,680D).
During the amendment investigation, the Department received information that the afore-mentioned facilities operated in conjunction with the St. Petersburg, Florida facility, that the worker separations at the afore-mentioned facilities are related to a shift in the supply of services by the workers’ firm to a foreign country, and that the worker groups covered by TA-W-82,680C and TA-W-82,680D do not include on-site leased workers. The amended notice applicable to TA-W-82,680 is hereby issued as follows:
"All workers of SuperMedia LLC, Publishing Operations Division, a subsidiary of Dex Media Inc., Westerville, Ohio (TA-W-82,680C) and Lexington, Kentucky (TA-W-82,680D) who became totally or partially separated from employment on or after April 17, 2012 through August 30, 2015, and all workers in the group threatened with total or partial separation from employment on August 30, 2013 through August 30, 2015, 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 14th day of August, 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-82,680
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
ACCOUNT MANAGEMENT GROUP, INTERNET PUBLISHING OPERATIONS
GROUP, AND LISTING MANAGEMENT GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
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 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.
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.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) 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 22, 2013, by workers of SuperMedia LLC,
Publishing Operations Division, Account Management Group,
Internet Publishing Operations Group, and Listing Management
Group, a subsidiary of Dex Media Inc., St. Petersburg, Florida
(SuperMedia-Publishing Operations). Within the Publishing
Operations Division of SuperMedia LLC, the workers are
separately identifiable by service supplied. As such, the
subject worker group are workers within the Account Management,
Internet Publishing Operations, and Listing Management Groups
of the Publishing Operations Division of SuperMedia LLC, who
are located at (or reporting to) St. Petersburg, Florida. The
subject worker group includes on-site leased workers from TAC
Worldwide Companies. SuperMedia LCC generates revenue through
print and Internet advertising. The subject workers supply
sales and non-sales support services related to advertising.
The petitioner alleges that an official in the
“(SuperMedia) Publishing Dept. (St. Petersburg office) informed
employees verbally that production is being shifted to India.”
During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of services like or directly
competitive with those supplied by the subject worker group have
not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that SuperMedia LLC did not shift the
supply of services like or directly competitive with those
supplied by the subject worker group to a foreign country or
acquire the supply of such services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that SuperMedia LLC is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied since the workers’
firm has not been publically identified by name by the ITC 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 SuperMedia LLC,
Publishing Operations Division, Account Management Group,
Internet Publishing Operations Group, and Listing Management
Group, a subsidiary of Dex Media Inc., St. Petersburg, Florida,
to apply for adjustment assistance, in accordance with Section
223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 2nd day of August, 2013
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-82,680E
SUPERMEDIA LLC
A SUBSIDIARY OF DEX MEDIA, INC.
PUBLISHING OPERATIONS DIVISION
SALES SUPPORT GROUP
WESTERVILLE, OHIO
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, on August 30, 2013, the Department of Labor (Department) issued a Notice of Revised Determination on Reconsideration regarding eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers and former workers of SuperMedia LLC, Publishing Operations Division, Account Management Group (TA-W-82,680), Internet Publishing Operations Group (TA-W-82,680A), and Listing Management Group (TA-W-82,680B), a subsidiary of Dex Media Inc., St. Petersburg, Florida. On August 14, 2014, the Department issued an amended certification to include workers and former workers of SuperMedia LLC, Publishing Operations Division, a subsidiary of Dex Media Inc., Westerville, Ohio (TA-W-82,680C) and Lexington, Kentucky (TA-W-82,680D).
The afore-mentioned worker groups are engaged in activities related to the supply of publishing, advertising and media services.
The Department received another request to include the Sales Support Group at the Westerville, Ohio facility. During the second amendment investigation, the Department received information that the afore-mentioned facility operated in conjunction with the St. Petersburg, Florida facility and that the worker separations in the Sales Support Group are related to the shift in the supply of services which was the basis for the certification of the worker groups at the St. Petersburg, Florida facility. Accordingly, the amended certification applicable to TA-W-82,680E is hereby issued as follows:
"All workers of SuperMedia LLC, a subsidiary of Dex Media, Inc., Publishing Operations Division, Sales Support Group, Westerville, Ohio (TA-W-82,680E) who became totally or partially separated from employment on or after April 17, 2012 through August 30, 2015, and all workers in the group threatened with total or partial separation from employment through August 30, 2015, 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 10th day of October, 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-82,680
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
ACCOUNT MANAGEMENT GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
TA-W-82,680A
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
INTERNET PUBLISHING OPERATIONS GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
TA-W-82,680B
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
LISTING MANAGEMENT GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
Notice of Revised Determination on Reconsideration
On August 2, 2013, the Department of Labor (Department)
issued a negative determination applicable to workers and former
workers of SuperMedia LLC, Publishing Operation Division,
Account Management Group, Internet Publishing Operations Group,
and Listing Management Group, a subsidiary of Dex Media, Inc.,
St. Petersburg, Florida. Workers within the Publishing
Operations Division are separately identifiable by service
supplied.
The subject worker groups include on-site leased workers
from TAC Worldwide Companies.
Workers of SuperMedia LLC, Publishing Operation Division,
Accounting Management Group (TA-W-82,680) and the Listing
Management Group (TA-W-82,680B), St. Petersburg, Florida were
eligible to apply for Trade Adjustment Assistance (TAA) under
TA-W-74,033 (expired on July 27, 2012).
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.
After the issuance of the negative determination, the
Department received revised information from the subject firm
regarding Account Management Group (TA-W-82,680) and Internet
Publishing Operations Group (TA-W-82,680A).
With regards to Account Management Group and Internet
Publishing Operations Group, the Department determines that
Section 222(a)(1) has been met because a significant number or
proportion of the workers in each Group have become totally or
partially separated.
With regards to Account Management Group (TA-W-82,680) and
Internet Publishing Operations Group (TA-W-82,680A), the
Department determines that Section 222(a)(2)(B) has been met
because SuperMedia LLC has shifted to a foreign country the
supply of services like or directly competitive with those
supplied by the subject workers, which contributed importantly
to worker group separations at SuperMedia LLC, Publishing
Operation Division, Account Management Group and Internet
Publishing Operations Group, St. Petersburg, Florida.
The Department did not receive new or revised information
regarding Listing Management Group (TA-W-82,680B). Consequently,
the determination applicable to workers and former workers of
SuperMedia LLC, Publishing Operation Division, Listing
Management Group, St. Petersburg, Florida is unchanged.
Conclusion
I affirm that, with regards to SuperMedia LLC, Publishing
Operation Division, Listing Management Group, St. Petersburg,
Florida, 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 SuperMedia LLC, Publishing Operation
Division, Listing Management Group, a subsidiary of Dex Media,
Inc., St. Petersburg, Florida (TA-W-82,680B), in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
After careful review of the new information obtained during
the reconsideration investigation, I determine that workers and
former workers of SuperMedia LLC, Publishing Operation Division,
Account Management Group and Internet Publishing Operations
Group, St. Petersburg, Florida, 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 SuperMedia LLC, Publishing Operation
Division, Account Management Group, a subsidiary of Dex
Media, Inc., St. Petersburg, Florida (TA-W-82,680) who
became totally or partially separated from employment on or
after July 28, 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;” and
“All workers of SuperMedia LLC, Publishing Operation
Division, Internet Publishing Operations Group, a
subsidiary of Dex Media, Inc., St. Petersburg, Florida (TA-
W-82,680A) who became totally or partially separated from
employment on or after April 17, 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 30th day of August, 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-82,680C
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
A SUBSIDIARY OF DEX MEDIA INC.
WESTERVILLE, OHIO
TA-W-82,680D
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
A SUBSIDIARY OF DEX MEDIA INC.
LEXINGTON, KENTUCKY
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, on August 30, 2013, the Department of Labor (Department) issued a Notice of Revised Determination on Reconsideration regarding workers’ eligibility to apply for Trade Adjustment Assistance (TAA) applicable to workers of SuperMedia LLC, Publishing Operations Division, Account Management Group (TA-W-82,680), Internet Publishing Operations Group (TA-W-82,680A) and Listing Management Group (TA-W-82,680B), a subsidiary of Dex Media Inc., St. Petersburg, Florida. The afore-mentioned worker groups are engaged in activities related to the supply of publishing, advertising and media services, and include on-site leased workers from TAC Worldwide Companies.
Following the issuance of the revised determination on reconsideration, the Department received a request from a separated worker to amend the certification to include workers at two affiliated facilities which operated in conjunction with the St. Petersburg, Florida facility: Westerville, Ohio (TA-W-82,680C) and Lexington, Kentucky (TA-W-82,680D).
During the amendment investigation, the Department received information that the afore-mentioned facilities operated in conjunction with the St. Petersburg, Florida facility, that the worker separations at the afore-mentioned facilities are related to a shift in the supply of services by the workers’ firm to a foreign country, and that the worker groups covered by TA-W-82,680C and TA-W-82,680D do not include on-site leased workers. The amended notice applicable to TA-W-82,680 is hereby issued as follows:
"All workers of SuperMedia LLC, Publishing Operations Division, a subsidiary of Dex Media Inc., Westerville, Ohio (TA-W-82,680C) and Lexington, Kentucky (TA-W-82,680D) who became totally or partially separated from employment on or after April 17, 2012 through August 30, 2015, and all workers in the group threatened with total or partial separation from employment on August 30, 2013 through August 30, 2015, 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 14th day of August, 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-82,680
SUPERMEDIA LLC
PUBLISHING OPERATIONS DIVISON
ACCOUNT MANAGEMENT GROUP, INTERNET PUBLISHING OPERATIONS
GROUP, AND LISTING MANAGEMENT GROUP
A SUBSIDIARY OF DEX MEDIA INC.
INCLUDING ON-SITE LEASED WORKERS FROM TAC WORLDWIDE COMPANIES
ST. PETERSBURG, FLORIDA
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 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.
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.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) 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 22, 2013, by workers of SuperMedia LLC,
Publishing Operations Division, Account Management Group,
Internet Publishing Operations Group, and Listing Management
Group, a subsidiary of Dex Media Inc., St. Petersburg, Florida
(SuperMedia-Publishing Operations). Within the Publishing
Operations Division of SuperMedia LLC, the workers are
separately identifiable by service supplied. As such, the
subject worker group are workers within the Account Management,
Internet Publishing Operations, and Listing Management Groups
of the Publishing Operations Division of SuperMedia LLC, who
are located at (or reporting to) St. Petersburg, Florida. The
subject worker group includes on-site leased workers from TAC
Worldwide Companies. SuperMedia LCC generates revenue through
print and Internet advertising. The subject workers supply
sales and non-sales support services related to advertising.
The petitioner alleges that an official in the
“(SuperMedia) Publishing Dept. (St. Petersburg office) informed
employees verbally that production is being shifted to India.”
During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of services like or directly
competitive with those supplied by the subject worker group have
not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that SuperMedia LLC did not shift the
supply of services like or directly competitive with those
supplied by the subject worker group to a foreign country or
acquire the supply of such services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that SuperMedia LLC is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied since the workers’
firm has not been publically identified by name by the ITC 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 SuperMedia LLC,
Publishing Operations Division, Account Management Group,
Internet Publishing Operations Group, and Listing Management
Group, a subsidiary of Dex Media Inc., St. Petersburg, Florida,
to apply for adjustment assistance, in accordance with Section
223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 2nd day of August, 2013
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance