Petitioner Type: State
Impact Date: 08/01/2018
Filed Date: 08/02/2019
Most Recent Update: 09/06/2019
Determination Date: 09/06/2019
Expiration Date: 09/06/2021
Employment and Training Administration
TA-W-95,040
MONDI BAGS USA, LLC
A SUBSIDIARY OF MONDI BAGS GMBH
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT SERVICES
PINE BLUFF, ARKANSAS
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 August 2, 2019, by a state workforce office on behalf
of workers of Mondi Bags USA, LLC, a subsidiary of Mondi Bags
GMBH, Pine Bluff, Arkansas. The subject workers are engaged in
activities related to the production of industrial paper sacks
(bags). The worker group includes on-site leased workers from
Express Employment Services.
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 workers' firm
has shifted to a foreign country a portion of the production of
articles like or directly competitive with the articles produced
by the workers which contributed importantly to worker group
separations at Mondi Bags USA, LLC, a subsidiary of Mondi Bags
GMBH, Pine Bluff, Arkansas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mondi Bags USA, LLC, a
subsidiary of Mondi Bags GMBH, including on-site leased workers
from Express Employment Services, Pine Bluff, Arkansas, who are
engaged in activities related to the production of industrial
paper sacks (bags), 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 Mondi Bags USA, LLC, a subsidiary of Mondi
Bags GMBH, including on-site leased workers from Express
Employment Services, Pine Bluff, Arkansas, who became
totally or partially separated from employment on or after
August 1, 2018 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 6th day of September 2019.
/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance