Petitioner Type: Union
Impact Date: 03/08/2017
Filed Date: 03/09/2018
Most Recent Update: 02/07/2020
Determination Date: 01/22/2019
Expiration Date: 01/22/2021
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING WORKERS WHOSE WERE REPORTED UNDER
GEORGIA-PACIFIC CONSUMER PRODUCTS LLC (CAMAS)
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES, AND
LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
TA-W-93,624A
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
PORT HUDSON OPERATIONS
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY-OWNED SUBSIDIARY OF KOCH INDUSTRIES INC
INCLUDING ON-SITE LEASED WORKERS FROM
ENCADRIA STAFFING SOLUTIONS LLC, TURNER INDUSTRIES, TRECON, G4S
SECURITY SERVICES, CORE LLC, AND JESV
ZACHARY, LOUISIANA
TA-W-93,624B
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CROSSETT PAPER OPERATIONS
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY-OWNED SUBSIDIARY OF KOCH INDUSTRIES INC
INCLUDING ON-SITE LEASED WORKERS FROM
ENCADRIA STAFFING SOLUTIONS LLC, MANPOWER,
ADVANCED TECHNOLOGY SERVICES, AND REZZELLE INC TRECON,
CROSSETT, ARKANSAS
Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on January 22, 2019, applicable to former workers of
Georgia-Pacific Consumer Operations LLC, Camas Mill Division, a
subsidiary of Georgia-Pacific LLC, a wholly owned subsidiary of
Koch Renewable Resources Inc., including on-site leased workers
from G4S Security Services, Clean and Bright Janitorial
Services, and Lower Columbia Occupational Health, Camas,
Washington (TA-W-93,624). The Department’s Notice of determination
was published in the Federal Register on March 21, 2019 (84 FR
10548). The subject worker group is engaged in activities related
to the production of uncoated free sheet papers and paper towels.
The Department conducted separate investigations in response
to two petitions filed on behalf of workers of Georgia-Pacific
Consumer Operations, LLC, Port Hudson Operations, a subsidiary of
Georgia-Pacific, LLC, a wholly-owned subsidiary of Koch
Industries, Inc., Zachary, Louisiana (TA-W-93,624A) and Georgia-
Pacific Consumer Operations, LLC, Crossett Paper Operations, a
subsidiary of Georgia-Pacific, LLC, a wholly-owned subsidiary of
Koch Industries, Inc., Crossett, Arkansas (TA-W-93,624B). The
investigations revealed that these three worker groups are related
and similarly impacted. Upon careful review of new and existing
information, the Department found that an amendment to clarify the
affected worker group(s) is appropriate.
The amended notice applicable to TA-W-93,624 is hereby issued
as follows:
“All workers of Georgia-Pacific Consumer Operations LLC,
Camas Mill Division, a subsidiary of Georgia-Pacific LLC, a
wholly owned subsidiary of Koch Renewable Resources Inc.,
including workers whose were reported under Georgia-Pacific
Consumer Products LLC (CAMAS), including on-site leased
workers from G4S Security Services, Clean and Bright
Janitorial Services, and Lower Columbia Occupational Health,
Camas, Washington (TA-W-93,624) who became totally or
partially separated from employment on or after March 8, 2017
through January 22, 2021, and all workers in the group
threatened with total or partial separation from employment
on January 22, 2019 through January 22, 2021, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended”
AND;
“All workers of Georgia-Pacific Consumer Operations, LLC,
Port Hudson Operations, a subsidiary of Georgia-Pacific, LLC,
a wholly-owned subsidiary of Koch Industries, Inc., including
on-site leased workers from Encardia Staffing Solutions LLC,
Turner Industries, TRECON, G4S Security Services, Core, LLC
and JESV, Zachary, Louisiana (TA-W-93,624A) who became
totally or partially separated from employment on or after
March 8, 2017, through January 22, 2021 and all workers in
the group threatened with total or partial separation from
employment on January 22, 2019 through January 22, 2021, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended”
AND;
“All workers of Georgia-Pacific Consumer Operations, LLC,
Crossett Paper Operations, a subsidiary of Georgia-Pacific,
LLC, a wholly-owned subsidiary of Koch Industries, Inc.,
including on-site leased workers from Encardia Staffing
Solutions LLC, Manpower, Advanced Technology Services, and
Rezzelle, Inc., Crossett, Arkansas (TA-W-93,624B) who became
totally or partially separated from employment on or after
March 8, 2017 through January 22, 2021, and all workers in
the group threatened with total or partial separation from
employment on January 22, 2019 through January 22, 2021, 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 7th of February, 2020
/s/Del-Min Amy Chen
_____________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING WORKERS WHOSE WERE REPORTED UNDER
GEORGIA-PACIFIC CONSUMER PRODUCTS LLC (CAMAS)
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES,
AND LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
Notice of Revised Determination
on Reconsideration
On August 27, 2018, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Georgia-Pacific Consumer
Operations LLC, Camas Mill Division, Communications Papers Unit,
a subsidiary of Georgia-Pacific LLC, a wholly owned subsidiary of
Koch Renewable Resources Inc., including on-site leased workers
from G4S Security Services, Clean and Bright Janitorial Services,
and Lower Columbia Occupational Health, Camas, Washington. The
notice was published in the Federal Register on October 22, 2018
(83 FR 53300). The reconsideration investigation, later, clarifies
the worker group name.
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. In the application for
reconsideration the union representatives made the following
allegations, outlining additional reasons for worker separations:
the negative determination was based on the Department’s
misinterpretation of the facts and of the law. Specifically, the
request for reconsideration asserts that competition for raw
material by foreign companies; foreign companies have made the
communications paper market more competitive; and the Department
used the incorrect time periods in the investigation. In addition,
it was conveyed that the initial filings was not based on the
Camas, Washington site – workers engaged in activities related to
the production of uncoated free sheet papers and towel papers –
which was the basis of the original petition filing.
Based on additional customer surveys collected during the
reconsideration investigation, the Department of Labor determines
that the workers of the subject firm were in fact impacted by
increased customer imports of uncoated free sheet papers and paper
towels which contributed important to the sales and/or production
declines at the subject firm and worker separations.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Georgia-Pacific
Consumer Operations LLC, Camas Mill Division, a subsidiary of
Georgia-Pacific LLC, a wholly owned subsidiary of Koch Renewable
Resources Inc., including workers whose were reported under
Georgia-Pacific Consumer Products LLC (CAMAS), including on-site
leased workers from G4S Security Services, Clean and Bright
Janitorial Services, and Lower Columbia Occupational Health, Camas,
Washington, who are engaged in activities related to the production
of uncoated free sheet papers and paper towels, 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 Operations LLC, Camas
Mill Division, a subsidiary of Georgia-Pacific LLC, a wholly
owned subsidiary of Koch Renewable Resources Inc., including
workers whose were reported under Georgia-Pacific Consumer
Products LLC (CAMAS), including on-site leased workers from
G4S Security Services, Clean and Bright Janitorial Services,
and Lower Columbia Occupational Health, Camas, Washington who
became totally or partially separated from employment on or
after March 8, 2017, through two years from the date of this
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 22nd day of January, 2019.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
COMMUNICATIONS PAPERS UNIT
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES,
AND LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated August 16, 2018, a representative of the
Association of Western Pulp and Paper Workers requested
administrative reconsideration of the Department of Labor's
negative determination regarding eligibility to apply for worker
adjustment assistance, applicable to workers and former workers of
Georgia-Pacific Consumer Operations LLC, Camas Mill Division,
Communications Papers Unit, a subsidiary of Georgia-Pacific LLC,
a wholly owned subsidiary of Koch Renewable Resources Inc.,
including on-site leased workers from G4S Security Services, Clean
and Bright Janitorial Services, and Lower Columbia Occupational
Health, Camas, Washington (Georgia-Pacific, Communications Papers
Unit). Workers of Georgia-Pacific, Communications Papers Unit are
engaged in activity related to the production of uncoated free
sheet paper (copy paper). The Department’s Notice of determination
has yet to be published in the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The negative determination was based on the Department’s
findings of no shift in production of copy paper (or a like or
directly competitive article) to a foreign country; no
acquisition of production of copy paper (or a like or directly
competitive article) from a foreign country; that neither
company nor customers imports of copy paper (or a like or
directly competitive article) contributed importantly to worker
group separations; that Georgia-Pacific, Communications Papers
Unit is neither a Supplier nor a Downstream Producer, as defined
by Section 222(c) of the Act, 19 U.S.C. § 2272(c); and that the
worker group did not meet the criteria set forth in Section 222(e)
of the Act, 19 U.S.C. § 2272(e) (regarding the International Trade
Commission’s 2016 findings regarding uncoated free sheet paper).
The request for reconsideration states that the negative
determination was based on the Department’s misinterpretation of
the facts and of the law. Specifically, the request for
reconsideration asserts, in part, competition for raw material by
foreign companies; foreign companies have made the communications
paper market more competitive; and the Department used the
incorrect time periods in the investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 27th day of August, 2018.
/s/Del-Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
COMMUNICATIONS PAPERS UNIT
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES,
AND LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) 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.
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation
or threat of separation and to the decline in the
sales or production of such firm.
(B) Shift in Production or Supply Path:
(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 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.
For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on March 9, 2018 by the Association of Western Pulp and
Paper Workers on behalf of workers and former workers of
Georgia-Pacific Consumer Operations LLC, Camas Mill Division,
Communications Papers Unit, a subsidiary of Georgia-Pacific
LLC, a wholly owned subsidiary of Koch Renewable Resources
Inc., Camas, Washington (Georgia-Pacific, Communications
Papers, Camas Mill). The subject worker group includes on-site
leased workers from G4S Security Services, Clean and Bright
Janitorial Services, and Lower Columbia Occupational Health.
Workers of Georgia-Pacific, Communications Papers, Camas
Mill are engaged in activities related to the production of
uncoated free sheet paper (copy paper) and are separately
identifiable from workers who produce towel papers at the same
facility.
The petition alleges "Georgia Pacific's Camas mill has been
in competition with uncoated free sheet imported from China,
Indonesia, Canada and other Countries." The attachment to the
petition states that workers are separated due to the cessation
of Communications Papers operations.
During the course of the investigation, information was
collected from the petition, the workers' firm, and the subject
firm's major declining customer(s) regarding purchases of
uncoated free sheet paper (copy paper), or like or directly
competitive articles, during 2016, 2017, and January-February
2018.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that neither Georgia-Pacific,
Communications Papers, Camas Mill nor its major declining
customer(s) has increased import purchases of uncoated free
sheet paper (copy paper), or like or directly competitive
articles, during the relative period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Georgia-Pacific, Communications
Papers, Camas Mill did not shift the production of uncoated
free sheet paper (copy paper), or like or directly competitive
articles, to a foreign country or acquire the production of
uncoated free sheet paper (copy paper), or like or directly
competitive articles, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Georgia-Pacific, Communications
Papers, Camas Mill is not a Supplier to a firm that employed a
group of workers who received a certification of eligibility
under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Georgia-Pacific, Communications
Papers, Camas Mill does not act as a Downstream Producer to a
firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the ITC as a member of a domestic industry
in an investigation resulting in an affirmative finding of
serious injury, market disruption, or material injury, or threat
thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Georgia-Pacific
Consumer Operations LLC, Camas Mill Division, Communications
Papers Unit, a subsidiary of Georgia-Pacific LLC, a wholly
owned subsidiary of Koch Renewable Resources Inc., including
on-site leased workers from G4S Security Services, Clean and
Bright Janitorial Services, and Lower Columbia Occupational
Health, Camas, Washington, engaged in activities related to the
uncoated free sheet paper (copy paper), to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 10th day of August 2018.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING WORKERS WHOSE WERE REPORTED UNDER
GEORGIA-PACIFIC CONSUMER PRODUCTS LLC (CAMAS)
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES, AND
LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
TA-W-93,624A
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
PORT HUDSON OPERATIONS
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY-OWNED SUBSIDIARY OF KOCH INDUSTRIES INC
INCLUDING ON-SITE LEASED WORKERS FROM
ENCADRIA STAFFING SOLUTIONS LLC, TURNER INDUSTRIES, TRECON, G4S
SECURITY SERVICES, CORE LLC, AND JESV
ZACHARY, LOUISIANA
TA-W-93,624B
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CROSSETT PAPER OPERATIONS
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY-OWNED SUBSIDIARY OF KOCH INDUSTRIES INC
INCLUDING ON-SITE LEASED WORKERS FROM
ENCADRIA STAFFING SOLUTIONS LLC, MANPOWER,
ADVANCED TECHNOLOGY SERVICES, AND REZZELLE INC TRECON,
CROSSETT, ARKANSAS
Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on January 22, 2019, applicable to former workers of
Georgia-Pacific Consumer Operations LLC, Camas Mill Division, a
subsidiary of Georgia-Pacific LLC, a wholly owned subsidiary of
Koch Renewable Resources Inc., including on-site leased workers
from G4S Security Services, Clean and Bright Janitorial
Services, and Lower Columbia Occupational Health, Camas,
Washington (TA-W-93,624). The Department’s Notice of determination
was published in the Federal Register on March 21, 2019 (84 FR
10548). The subject worker group is engaged in activities related
to the production of uncoated free sheet papers and paper towels.
The Department conducted separate investigations in response
to two petitions filed on behalf of workers of Georgia-Pacific
Consumer Operations, LLC, Port Hudson Operations, a subsidiary of
Georgia-Pacific, LLC, a wholly-owned subsidiary of Koch
Industries, Inc., Zachary, Louisiana (TA-W-93,624A) and Georgia-
Pacific Consumer Operations, LLC, Crossett Paper Operations, a
subsidiary of Georgia-Pacific, LLC, a wholly-owned subsidiary of
Koch Industries, Inc., Crossett, Arkansas (TA-W-93,624B). The
investigations revealed that these three worker groups are related
and similarly impacted. Upon careful review of new and existing
information, the Department found that an amendment to clarify the
affected worker group(s) is appropriate.
The amended notice applicable to TA-W-93,624 is hereby issued
as follows:
“All workers of Georgia-Pacific Consumer Operations LLC,
Camas Mill Division, a subsidiary of Georgia-Pacific LLC, a
wholly owned subsidiary of Koch Renewable Resources Inc.,
including workers whose were reported under Georgia-Pacific
Consumer Products LLC (CAMAS), including on-site leased
workers from G4S Security Services, Clean and Bright
Janitorial Services, and Lower Columbia Occupational Health,
Camas, Washington (TA-W-93,624) who became totally or
partially separated from employment on or after March 8, 2017
through January 22, 2021, and all workers in the group
threatened with total or partial separation from employment
on January 22, 2019 through January 22, 2021, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended”
AND;
“All workers of Georgia-Pacific Consumer Operations, LLC,
Port Hudson Operations, a subsidiary of Georgia-Pacific, LLC,
a wholly-owned subsidiary of Koch Industries, Inc., including
on-site leased workers from Encardia Staffing Solutions LLC,
Turner Industries, TRECON, G4S Security Services, Core, LLC
and JESV, Zachary, Louisiana (TA-W-93,624A) who became
totally or partially separated from employment on or after
March 8, 2017, through January 22, 2021 and all workers in
the group threatened with total or partial separation from
employment on January 22, 2019 through January 22, 2021, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended”
AND;
“All workers of Georgia-Pacific Consumer Operations, LLC,
Crossett Paper Operations, a subsidiary of Georgia-Pacific,
LLC, a wholly-owned subsidiary of Koch Industries, Inc.,
including on-site leased workers from Encardia Staffing
Solutions LLC, Manpower, Advanced Technology Services, and
Rezzelle, Inc., Crossett, Arkansas (TA-W-93,624B) who became
totally or partially separated from employment on or after
March 8, 2017 through January 22, 2021, and all workers in
the group threatened with total or partial separation from
employment on January 22, 2019 through January 22, 2021, 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 7th of February, 2020
/s/Del-Min Amy Chen
_____________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING WORKERS WHOSE WERE REPORTED UNDER
GEORGIA-PACIFIC CONSUMER PRODUCTS LLC (CAMAS)
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES,
AND LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
Notice of Revised Determination
on Reconsideration
On August 27, 2018, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Georgia-Pacific Consumer
Operations LLC, Camas Mill Division, Communications Papers Unit,
a subsidiary of Georgia-Pacific LLC, a wholly owned subsidiary of
Koch Renewable Resources Inc., including on-site leased workers
from G4S Security Services, Clean and Bright Janitorial Services,
and Lower Columbia Occupational Health, Camas, Washington. The
notice was published in the Federal Register on October 22, 2018
(83 FR 53300). The reconsideration investigation, later, clarifies
the worker group name.
To support the request for reconsideration, the petitioner
supplied additional information to supplement that which was
gathered during the initial investigation. In the application for
reconsideration the union representatives made the following
allegations, outlining additional reasons for worker separations:
the negative determination was based on the Department’s
misinterpretation of the facts and of the law. Specifically, the
request for reconsideration asserts that competition for raw
material by foreign companies; foreign companies have made the
communications paper market more competitive; and the Department
used the incorrect time periods in the investigation. In addition,
it was conveyed that the initial filings was not based on the
Camas, Washington site – workers engaged in activities related to
the production of uncoated free sheet papers and towel papers –
which was the basis of the original petition filing.
Based on additional customer surveys collected during the
reconsideration investigation, the Department of Labor determines
that the workers of the subject firm were in fact impacted by
increased customer imports of uncoated free sheet papers and paper
towels which contributed important to the sales and/or production
declines at the subject firm and worker separations.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Georgia-Pacific
Consumer Operations LLC, Camas Mill Division, a subsidiary of
Georgia-Pacific LLC, a wholly owned subsidiary of Koch Renewable
Resources Inc., including workers whose were reported under
Georgia-Pacific Consumer Products LLC (CAMAS), including on-site
leased workers from G4S Security Services, Clean and Bright
Janitorial Services, and Lower Columbia Occupational Health, Camas,
Washington, who are engaged in activities related to the production
of uncoated free sheet papers and paper towels, 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 Operations LLC, Camas
Mill Division, a subsidiary of Georgia-Pacific LLC, a wholly
owned subsidiary of Koch Renewable Resources Inc., including
workers whose were reported under Georgia-Pacific Consumer
Products LLC (CAMAS), including on-site leased workers from
G4S Security Services, Clean and Bright Janitorial Services,
and Lower Columbia Occupational Health, Camas, Washington who
became totally or partially separated from employment on or
after March 8, 2017, through two years from the date of this
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 22nd day of January, 2019.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
COMMUNICATIONS PAPERS UNIT
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES,
AND LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated August 16, 2018, a representative of the
Association of Western Pulp and Paper Workers requested
administrative reconsideration of the Department of Labor's
negative determination regarding eligibility to apply for worker
adjustment assistance, applicable to workers and former workers of
Georgia-Pacific Consumer Operations LLC, Camas Mill Division,
Communications Papers Unit, a subsidiary of Georgia-Pacific LLC,
a wholly owned subsidiary of Koch Renewable Resources Inc.,
including on-site leased workers from G4S Security Services, Clean
and Bright Janitorial Services, and Lower Columbia Occupational
Health, Camas, Washington (Georgia-Pacific, Communications Papers
Unit). Workers of Georgia-Pacific, Communications Papers Unit are
engaged in activity related to the production of uncoated free
sheet paper (copy paper). The Department’s Notice of determination
has yet to be published in the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The negative determination was based on the Department’s
findings of no shift in production of copy paper (or a like or
directly competitive article) to a foreign country; no
acquisition of production of copy paper (or a like or directly
competitive article) from a foreign country; that neither
company nor customers imports of copy paper (or a like or
directly competitive article) contributed importantly to worker
group separations; that Georgia-Pacific, Communications Papers
Unit is neither a Supplier nor a Downstream Producer, as defined
by Section 222(c) of the Act, 19 U.S.C. § 2272(c); and that the
worker group did not meet the criteria set forth in Section 222(e)
of the Act, 19 U.S.C. § 2272(e) (regarding the International Trade
Commission’s 2016 findings regarding uncoated free sheet paper).
The request for reconsideration states that the negative
determination was based on the Department’s misinterpretation of
the facts and of the law. Specifically, the request for
reconsideration asserts, in part, competition for raw material by
foreign companies; foreign companies have made the communications
paper market more competitive; and the Department used the
incorrect time periods in the investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 27th day of August, 2018.
/s/Del-Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,624
GEORGIA-PACIFIC CONSUMER OPERATIONS LLC
CAMAS MILL DIVISION
COMMUNICATIONS PAPERS UNIT
A SUBSIDIARY OF GEORGIA-PACIFIC LLC
A WHOLLY OWNED SUBSIDIARY OF KOCH RENEWABLE RESOURCES INC.
INCLUDING ON-SITE LEASED WORKERS FROM
G4S SECURITY SERVICES, CLEAN AND BRIGHT JANITORIAL SERVICES,
AND LOWER COLUMBIA OCCUPATIONAL HEALTH
CAMAS, WASHINGTON
Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) 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.
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation
or threat of separation and to the decline in the
sales or production of such firm.
(B) Shift in Production or Supply Path:
(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 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.
For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).
The investigation was initiated in response to a petition
filed on March 9, 2018 by the Association of Western Pulp and
Paper Workers on behalf of workers and former workers of
Georgia-Pacific Consumer Operations LLC, Camas Mill Division,
Communications Papers Unit, a subsidiary of Georgia-Pacific
LLC, a wholly owned subsidiary of Koch Renewable Resources
Inc., Camas, Washington (Georgia-Pacific, Communications
Papers, Camas Mill). The subject worker group includes on-site
leased workers from G4S Security Services, Clean and Bright
Janitorial Services, and Lower Columbia Occupational Health.
Workers of Georgia-Pacific, Communications Papers, Camas
Mill are engaged in activities related to the production of
uncoated free sheet paper (copy paper) and are separately
identifiable from workers who produce towel papers at the same
facility.
The petition alleges "Georgia Pacific's Camas mill has been
in competition with uncoated free sheet imported from China,
Indonesia, Canada and other Countries." The attachment to the
petition states that workers are separated due to the cessation
of Communications Papers operations.
During the course of the investigation, information was
collected from the petition, the workers' firm, and the subject
firm's major declining customer(s) regarding purchases of
uncoated free sheet paper (copy paper), or like or directly
competitive articles, during 2016, 2017, and January-February
2018.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that neither Georgia-Pacific,
Communications Papers, Camas Mill nor its major declining
customer(s) has increased import purchases of uncoated free
sheet paper (copy paper), or like or directly competitive
articles, during the relative period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Georgia-Pacific, Communications
Papers, Camas Mill did not shift the production of uncoated
free sheet paper (copy paper), or like or directly competitive
articles, to a foreign country or acquire the production of
uncoated free sheet paper (copy paper), or like or directly
competitive articles, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Georgia-Pacific, Communications
Papers, Camas Mill is not a Supplier to a firm that employed a
group of workers who received a certification of eligibility
under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Georgia-Pacific, Communications
Papers, Camas Mill does not act as a Downstream Producer to a
firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the ITC as a member of a domestic industry
in an investigation resulting in an affirmative finding of
serious injury, market disruption, or material injury, or threat
thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Georgia-Pacific
Consumer Operations LLC, Camas Mill Division, Communications
Papers Unit, a subsidiary of Georgia-Pacific LLC, a wholly
owned subsidiary of Koch Renewable Resources Inc., including
on-site leased workers from G4S Security Services, Clean and
Bright Janitorial Services, and Lower Columbia Occupational
Health, Camas, Washington, engaged in activities related to the
uncoated free sheet paper (copy paper), to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 10th day of August 2018.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance