Petitioner Type: State
Impact Date: 09/09/2019
Filed Date: 09/09/2020
Most Recent Update: 11/05/2020
Determination Date: 11/05/2020
Expiration Date: 11/05/2022
Employment and Training Administration
TA-W-96,183
W & D NORTH AMERICA
A SUBSIDIARY OF W & D GMBH
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER
BARRY WEHMILLER DESIGN GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
RUGGIERI ENTERPRISES LLC
DUNCANSVILLE, PENNSYLVANIA
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 September 9, 2020 by a State Workforce Office on behalf
of workers and former workers of W & D North America, a
subsidiary of W & D Gmbh, including workers whose wages are
reported under Barry Wehmiller Design Group, including on-site
leased workers from Ruggieri Enterprise LLC, Duncansville,
Pennsylvania (W & D North America-Duncansville). Workers of W & D
North America-Duncansville are engaged in activities related to
the production of digital envelop over printing presses and
hydraulic dye punch presses (presses). Workers are not separately
identifiable by product line.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in W & D North America-Duncansville
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 the production of a(n) article
like or directly competitive with the presses produced by the
subject workers which contributed importantly to worker group
separations at W & D North America-Duncansville.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of W & D North America-
Duncansville, who are engaged in activities related to the
production of presses, 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 W & D North America, a subsidiary of W & D
Gmbh, including workers whose wages are reported under
Barry Wehmiller Design Group, including on-site leased
workers from Ruggieri Enterprise LLC, Duncansville,
Pennsylvania, who became totally or partially separated from
employment on or after September 9, 2019, 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 5th day of November 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance