Petitioner Type: Company
Impact Date: 10/07/2013
Filed Date: 10/16/2014
Most Recent Update: 11/13/2015
Determination Date: 11/13/2015
Expiration Date: 11/13/2017
Employment and Training Administration
TA-W-85,601
PITNEY BOWES, INC.
U.S. MAILING DIVISION
NORTH AMERICAN ORDER MANAGEMENT DEPARTMENT
TROY, NEW YORK
Notice of Revised Determination
After Statutory Reconsideration
As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated on October 16, 2014,
resulted in a negative determination, issued on December 3, 2014,
that was based on the finding that worker separations at the
subject firm are not attributable to increased imports of articles
or a shift in production to a foreign country. The determination
was applicable to workers and former workers of Pitney Bowes, Inc.,
U.S. Mailing Division, North American Order Management Department,
Troy, New York (Pitney Bowes-North American Order Management
Department). The subject workers are engaged in activities related
to the supply of mailing, exchange, and repair services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that Pitney
Bowes, Inc. has acquired from a foreign country the supply of
services like or directly competitive with services supplied by the
workers which contributed importantly to worker group separations
at Pitney Bowes-North American Order Management Department.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Pitney Bowes-North American Order
Management Department have become totally or partially separated,
or are threatened to become totally or partially separated.
Section 222(a)(2)(B) has been met because Pitney Bowes, Inc.
has acquired from a foreign country services like or directly
competitive with services supplied by the workers which contributed
importantly to worker group separations at Pitney Bowes-North
American Order Management Department.
Conclusion
After careful review, I determine that workers of Pitney Bowes,
Inc., U.S. Mailing Division, North American Order Management
Department, Troy, New York, who are engaged in activities related
to the supply of mailing, exchange, and repair 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 Pitney Bowes, Inc., U.S. Mailing Division,
North American Order Management Department, Troy, New York,
who became totally or partially separated from employment on
or after October 7, 2013, 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 13th day of November, 2015
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,601
PITNEY BOWES, INC.
U.S. MAILING DIVISION
NORTH AMERICAN ORDER MANAGEMENT DEPARTMENT
TROY, NEW YORK
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 three
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.
(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.
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 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."
The investigation was initiated in response to a petition
filed on October 16, 2014 on behalf of workers of Pitney Bowes,
Inc., U.S. Mailing Division, North American Order Management
Department, Troy, New York ("North American Order Management
Department" or "subject worker group"). Pitney Bowes, Inc. is
engaged in activities related to the production of mailroom
products. The North American Order Management Department does
not produce an article and is engaged in activities related to
the supply of mailing, exchange, and repair services. The
subject worker group does not include on-site leased workers.
With respect to Section 222(a)(2)(A) and Section 222(a)(2)(B)
of the Act, the investigation revealed that worker separations at
the North American Order Management Department are not attributable
to increased imports of articles or a shift in production of
articles to a foreign country.
With respect to Section 222(b) of the Act, the investigation
revealed that the North American Order Management Department 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
Trade Adjustment Assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Pitney Bowes, Inc.,
U.S. Mailing Division, North American Order Management Department,
Troy, New York, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 3rd day of December, 2014
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance