TAA Decision 74559
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-74,559
SOLO CUP OPERATING CORPORATION
A SUBSIDIARY OF SOLO CUP COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM PENNMAC STAFFING, INC.
SPRINGFIELD, MISSOURI
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. See 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 August 25, 2010, by a company official on behalf of
workers of Solo Cup Operating Corporation, a subsidiary of Solo
Cup Company, Springfield, Missouri (Solo Cup). The workers are
engaged in activities related to production of single serve
cups. The worker group includes on-site leased workers from
Pennmac Staffing, Inc.
The investigation revealed that workers of Solo Cup, who
are engaged in activities related to production of single
serve cups, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated or threatened with separation
during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the single serve cups produced by
the workers.
Criterion III has been met because the shift in
production of single serve cups by Solo Cup contributed
importantly to worker group separations at the Springfield,
Missouri facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Solo Cup Operating
Corporation, a subsidiary of Solo Cup Company, including on-site
leased workers from Pennmac Staffing, Inc., Springfield,
Missouri, who are engaged in activities related to production of
single serve cups, 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 Solo Cup Operating Corporation, a
subsidiary of Solo Cup Company, including on-site leased
workers from Pennmac Staffing, Inc., Springfield, Missouri,
who became totally or partially separated from employment
on or after August 24, 2009, 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 October, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance