Certified
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TAW-82715A  /  SuperMedia, LLC (Albany, NY)

Petitioner Type: Union
Impact Date: 05/06/2012
Filed Date: 05/07/2013
Most Recent Update: 06/28/2013
Determination Date: 06/28/2013
Expiration Date: 06/28/2015

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,715

SUPERMEDIA, LLC
A DEX MEDIA, INC. COMPANY
PUBLISHING OPERATIONS - SPECIAL ASSISTANT DEPARTMENT
LISTING MANAGEMENT AND DIRECTORY QUALITY GROUPS
ALBANY, NEW YORK

TA-W-82,715A

SUPERMEDIA, LLC
A DEX MEDIA, INC. COMPANY
PUBLISHING OPERATIONS - SPECIAL ASSISTANT DEPARTMENT
NATIONAL OPERATIONS AND BOOK CLOSE GROUPS
ALBANY, NEW YORK

Determinations 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 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 May 7, 2013 by the International Brotherhood of
Electrical Workers (IBEW), Local 2213, on behalf of workers of
SuperMedia, LLC, a Dex Media, Inc. Company, Publishing
Operations - Special Assistant Department, Albany, New York. The
workers' firm is engaged in activities in support of the
processing of the company's print ads. Workers are separately
identifiable by function. The worker groups include workers who
are engaged in activities related to listing management and
directory quality (TA-W-82,715) and workers who are engaged in
activities related to national operations and book close (TA-W-
82,715A).
The petitioner alleged that the services provided by the
workers were being outsourced to a foreign country, resulting
in worker separations at the subject firm.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that workers of SuperMedia,
LLC, a Dex Media, Inc. Company, Publishing Operations -
Special Assistant Department, Listing Management and Directory
Quality Groups, Albany, New York (TA-W-82,715) do not meet the
criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or
directly competitive with listing management or directory
quality services have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
services like or directly competitive with listing management
or directory quality services to a foreign country or acquire
like or directly competitive services from a foreign country.
Rather, the investigation confirmed that the worker
separations are attributable to a shift of those services to
other affiliated locations within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that SuperMedia, LLC, a Dex Media, Inc.
Company, Publishing Operations - Special Assistant Department,
Listing Management and Directory Quality Groups, Albany, New
York 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 because the workers'
firm has not been publicly 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.
The investigation further revealed that workers of
SuperMedia, LLC, a Dex Media, Inc. Company, Publishing
Operations - Special Assistant Department, National Operations
and Book Close Groups, Albany, New York (TA-W-82,715A) meet the
criteria for certification.
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 services like or
directly competitive with the services supplied by the workers
which contributed importantly to worker group separations at
SuperMedia, LLC, a Dex Media, Inc. Company, Publishing
Operations - Special Assistant Department, National Operations
and Book Close Groups, Albany, New York.
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 for workers of
SuperMedia, LLC, a Dex Media, Inc. Company, Publishing
Operations - Special Assistant Department, Listing Management
and Directory Quality Groups, Albany, New York (TA-W-82,715)
and, therefore, deny the petition for group eligibility of
SuperMedia, LLC, a Dex Media, Inc. Company, Publishing
Operations - Special Assistant Department, Listing Management
and Directory Quality Groups, Albany, New York (TA-W-82,715),
who are engaged in activities related to the supply of listing
management and directory quality services to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
In addition, I determine that workers of SuperMedia, LLC, a
Dex Media, Inc. Company, Publishing Operations - Special
Assistant Department, National Operations and Book Close Groups,
Albany, New York (TA-W-82,715A), who are engaged in activities
related to the supply of national operations and book close
services 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, a Dex Media, Inc. Company,
Publishing Operations - Special Assistant Department,
National Operations and Book Close Groups, Albany, New York
(TA-W-82,715A), who became totally or partially separated
from employment on or after May 6, 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 28th day of June, 2013.


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance