TAA Decision 73539
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,539
GEORGIA-PACIFIC CONSUMER PRODUCTS LP
500 DAY STREET
A SUBISIDIARY OF GEORGIA-PACIFIC, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
ENCADRIA STAFFING SOLUTIONS
GREEN BAY, WISCONSIN
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:
I. 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(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
(i)(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.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii)).
The investigation was initiated in response to a petition
filed on February 22, 2010 by a company official and by the
United Steel Workers, Local 2-213 and Local 2-327, on behalf of
workers of Georgia-Pacific Consumer Products LP, 500 Day
Street, a subsidiary of Georgia-Pacific LLC, Green Bay,
Wisconsin (Georgia-Pacific Consumer Product LP). The workers
are engaged in activities related to the production of tissue,
towels, and napkin products. The workers are not separately
identifiable by product. The worker group also includes on-site
leased workers from Encadria Staffing Solutions.
The investigation revealed that workers of Georgia-Pacific
Consumer Products LP, 500 Day Street, a subsidiary of Georgia-
Pacific LLC, including on-site leased workers from Encadria
Staffing Solutions, Green Bay, Wisconsin, who are engaged in
activities related to the production of tissue, towels, and
napkin products meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in a portion of the production of tissue, towels, and
napkin products by Georgia-Pacific Consumer Products LP to
China, Taiwan, and Canada.
Criterion III has been met because the shift in a portion
of the production of tissue, towels, and napkin products by
Georgia-Pacific Consumer Products LP to China, Taiwan, and
Canada contributed importantly to worker group separations at
Georgia-Pacific Consumer Products LP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Georgia-Pacific
Consumer Products LP, 500 Day Street, a subsidiary of Georgia-
Pacific LLC, including on-site leased workers from Encadria
Staffing Solutions, Green Bay, Wisconsin, who are engaged in
employment related to the production of tissue, towels, and
napkin products, 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 Georgia-Pacific Consumer Products LP, 500
Day Street, a subsidiary of Georgia-Pacific LLC,
including on-site leased workers from Encadria Staffing
Solutions, Green Bay, Wisconsin, who became totally or
partially separated from employment on or after February
16, 2009, through two years from the date of certification,
and all workers in the group threatened with total or
partial separation from employment on 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 12th day of July, 2010
/s/Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance