Petitioner Type: State
Impact Date: 11/20/2019
Filed Date: 11/24/2020
Most Recent Update: 02/17/2021
Determination Date: 02/17/2021
Expiration Date: 02/17/2023
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,627
FOLLETT CORPORATION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER FOLLETT
CORPORATION (FOLLETT CORP), FOLLETT SCHOOL SOLUTIONS (FSS), FOLLETT
HIGHER EDUCATION GROUP, INC. (FHEG), AND BAKER & TAYLOR (B&T)
WESTCHESTER, ILLINOIS
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated November 20, 2020 and
filed on November 24, 2020 by a State Workforce Office, on behalf of workers and former workers
of Follett Corporation, Westchester, Illinois (hereafter referred to as the "worker group"). The group
of workers also consists of workers whose wages were reported under Follett Corporation (Follett
Corp), Follett School Solutions (FSS), Follett Higher Education Group, Inc. (FHEG), and Baker &
Taylor (B&T). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive
of teleworkers and staffed workers."
The workers' firm is engaged in activities related to the supply of educational and library
materials in printed and digital format for resale to educational institutions and libraries and general
merchandise for sale on college campuses and through e-Commerce. Follett Corporation also
creates and licenses software for asset and learning management in libraries and schools and student
information systems for K-12 schools and provides services related to that software.
The worker group is engaged in activities related to the supply of a variety of IT related services
including but not limited to product development, support services for the IT infrastructure, IT
security, and related services and are separately identifiable by service.
Consequently, the group of workers excludes potentially workers engaged in other type of
services.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, Follett has brought contractor Capgemini in to transfer 30 Network Services jobs to India.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618.225(b)(2)(i)(B) states that an "analysis of separation data must generally
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual and
threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift data must generally consist
of a: (1) Comparison of shift/acquisition data on the petition date to shift/acquisition data that is
1 year prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period
prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/
acquisition activity scheduled to occur after the petition date."
The Department determines that the shift criterion has been met.
Contributed Importantly Criterion
(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause."
According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of impact of shift activity on
worker separations must generally consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift activity and worker separations
or threat of separation; (2) What percentage of the workers' firm sales or production declines was
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility
or facilities decreased at the same or at a greater rate than operations at the foreign facility or
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact
of shift activity on the workers' firm. (B) The impact may be determined using a quantitative or
qualitative analysis."
The Department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Follett Corporation, including workers whose wages were reported under Follett Corporation
(Follett Corp), Follett School Solutions (FSS), Follett Higher Education Group, Inc. (FHEG), and
Baker & Taylor (B&T), Westchester, Illinois, who are engaged in activities related to the supply of
a variety of IT related services including but not limited to product development, support services
for the IT infrastructure, IT security, and related 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 Follett Corporation, including workers whose wages were reported under
Follett Corporation (Follett Corp), Follett School Solutions (FSS), Follett Higher Education
Group, Inc. (FHEG), and Baker & Taylor (B&T), Westchester, Illinois, who became totally
or partially separated from employment on or after November 20, 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 17th day of February, 2021.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-96,627
FOLLETT CORPORATION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER FOLLETT
CORPORATION (FOLLETT CORP), FOLLETT SCHOOL SOLUTIONS (FSS), FOLLETT
HIGHER EDUCATION GROUP, INC. (FHEG), AND BAKER & TAYLOR (B&T)
WESTCHESTER, ILLINOIS
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated November 20, 2020 and
filed on November 24, 2020 by a State Workforce Office, on behalf of workers and former workers
of Follett Corporation, Westchester, Illinois (hereafter referred to as the "worker group"). The group
of workers also consists of workers whose wages were reported under Follett Corporation (Follett
Corp), Follett School Solutions (FSS), Follett Higher Education Group, Inc. (FHEG), and Baker &
Taylor (B&T). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive
of teleworkers and staffed workers."
The workers' firm is engaged in activities related to the supply of educational and library
materials in printed and digital format for resale to educational institutions and libraries and general
merchandise for sale on college campuses and through e-Commerce. Follett Corporation also
creates and licenses software for asset and learning management in libraries and schools and student
information systems for K-12 schools and provides services related to that software.
The worker group is engaged in activities related to the supply of a variety of IT related services
including but not limited to product development, support services for the IT infrastructure, IT
security, and related services and are separately identifiable by service.
Consequently, the group of workers excludes potentially workers engaged in other type of
services.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, Follett has brought contractor Capgemini in to transfer 30 Network Services jobs to India.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618.225(b)(2)(i)(B) states that an "analysis of separation data must generally
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual and
threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift data must generally consist
of a: (1) Comparison of shift/acquisition data on the petition date to shift/acquisition data that is
1 year prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period
prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/
acquisition activity scheduled to occur after the petition date."
The Department determines that the shift criterion has been met.
Contributed Importantly Criterion
(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause."
According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of impact of shift activity on
worker separations must generally consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift activity and worker separations
or threat of separation; (2) What percentage of the workers' firm sales or production declines was
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility
or facilities decreased at the same or at a greater rate than operations at the foreign facility or
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact
of shift activity on the workers' firm. (B) The impact may be determined using a quantitative or
qualitative analysis."
The Department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Follett Corporation, including workers whose wages were reported under Follett Corporation
(Follett Corp), Follett School Solutions (FSS), Follett Higher Education Group, Inc. (FHEG), and
Baker & Taylor (B&T), Westchester, Illinois, who are engaged in activities related to the supply of
a variety of IT related services including but not limited to product development, support services
for the IT infrastructure, IT security, and related 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 Follett Corporation, including workers whose wages were reported under
Follett Corporation (Follett Corp), Follett School Solutions (FSS), Follett Higher Education
Group, Inc. (FHEG), and Baker & Taylor (B&T), Westchester, Illinois, who became totally
or partially separated from employment on or after November 20, 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 17th day of February, 2021.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance