On December 6, Cleary Gottlieb won certification under the Trade Adjustment Assistance Act (“TAAA”) for pro bono clients who worked at the now-closed Green Tree nitrocellulose facility in Parlin, NJ. Under the TAAA, workers who lose their jobs or whose hours of work and wages are reduced as a result of increased imports may receive benefits such as training, job search and relocation allowances, income support and other re-employment services.
The case came to Cleary Gottlieb through the Court of International Trade (“CIT”), which hears appeals from TAAA certification decisions of the U.S. Department of Labor (“DOL”). While exhaustively researching the case for appellate briefing to the CIT, the Cleary Gottlieb team uncovered key evidence demonstrating that the DOL had made a material error in its factual investigation into the closing of the Green Tree facility. The team persuaded the Department of Justice to join a request to suspend briefing in the CIT, and convinced the DOL to move for voluntary remand. The DOL’s further investigation determined TAAA certification should be awarded, thereby obviating the need for further proceedings before the CIT.