Certified
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TAW-85861B  /  The Smead Manufacturing Company (Mcallen, TX)

Petitioner Type: State
Impact Date: 03/02/2014
Filed Date: 03/03/2015
Most Recent Update: 04/28/2015
Determination Date: 04/28/2015
Expiration Date: 04/28/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,861

THE SMEAD MANUFACTURING COMPANY
HASTINGS, MINNESOTA

TA-W-85,861A

THE SMEAD MANUFACTURING COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS AND ELWOOD STAFFING
CEDAR CITY, UTAH

TA-W-85,861B

THE SMEAD MANUFACTURING COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM
AM-MEX PRODUCTS AND EXPRESS EMPLOYMENT PROFESSIONALS
MCALLEN, TEXAS

TA-W-85,861C

THE SMEAD MANUFACTURING COMPANY
LOGAN, OHIO

Certification 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.
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, or an appropriate
subdivision of the firm, have become totally or
partially separated, or are threatened to become totally
or partially separated;
(2)(B)(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
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic 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

The investigation was initiated in response to a petition
filed by a state workforce office on March 3, 2015 on behalf of
workers of The Smead Manufacturing Company, Hastings, Minnesota
(TA-W-85,861), The Smead Manufacturing Company, including on-
site leased workers from Express Employment Professionals and
Elwood Staffing, Cedar City, Utah (TA-W-85,861A), The Smead
Manufacturing Company, including on-site leased workers from Am-
Mex Products and Express Employment Professionals, McAllen,
Texas (TA-W-85,861B), and The Smead Manufacturing Company,
Logan, Ohio (TA-W-85,861C). The workers' firm is engaged
activities related to the production of office filing supplies.
Workers of The Smead Manufacturing Company, Hastings,
Minnesota (TA-W-85,861) are certified under petition TA-W-
82,822 that expires on July 5, 2015.
During the course of the investigation, information was
collected from the workers' firm.
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 employment
decline is related to the shift in production of office filing
supplies to a foreign country that is party to a free trade
agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years
of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the
workers in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Smead
Manufacturing Company, Hastings, Minnesota (TA-W-85,861), The
Smead Manufacturing Company, including on-site leased workers
from Express Employment Professionals and Elwood Staffing, Cedar
City, Utah (TA-W-85,861A), The Smead Manufacturing Company,
including on-site leased workers from Am-Mex Products and
Express Employment Professionals, McAllen, Texas (TA-W-85,861B),
and The Smead Manufacturing Company, Logan, Ohio (TA-W-85,861C),
who are engaged in activities related to the production of
office filing supplies 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 The Smead Manufacturing Company, Hastings,
Minnesota (TA-W-85,861), who become totally or partially
separated from employment on or after July 6, 2015 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 are also eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended,
AND
All workers of The Smead Manufacturing Company, including
on-site leased workers from Express Employment
Professionals and Elwood Staffing, Cedar City, Utah (TA-W-
85,861A), The Smead Manufacturing Company, including on-
site leased workers from Am-Mex Products and Express
Employment Professionals, McAllen, Texas (TA-W-85,861B),
and The Smead Manufacturing Company, Logan, Ohio (TA-W-
85,861C), who became totally or partially separated from
employment on or after March 2, 2014 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 are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 28th day of April 2015.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance