DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-50,302

UNION TANK CAR COMPANY
A SUBSIDIARY OF THE MARMON GROUP, INC.
EAST CHICAGO, INDIANA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. In accordance with
Section 223 of the Trade Act of 1974, as amended (19 USC 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
directly-impacted (primary) workers under Section 222(a) the Trade
Act of 1974, as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such workers'
separation or threat of separation and to the decline in
sales or production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on December 12, 2002 in
response to a petition filed by the International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers,
AFL-CIO, Local 524 on behalf of workers at Union Tank Car Company,
a subsidiary of The Marmon Group, Inc., East Chicago, Indiana. The
workers at the subject firm produce tank cars.
The investigation revealed that criteria (a)(2)(A)(I.3) and
(a)(2)(B)(II. B) have not been met.
The investigation reveals that worker separations are not
attributable to increases in imports or a shift in production to a
foreign country, but rather are attributable to Union Tank Car
Company's decision to divert orders to another domestic facility.
The investigation further revealed that U.S. aggregate imports
for consumption of tank cars declined from 2000 to 2001, and again
in January through November 2002 when compared to the same time
period of the previous year.
Conclusion
After careful review, I determine that all workers of Union
Tank Car Company, a subsidiary of The Marmon Group, Inc., East
Chicago, Indiana covered by the petition filed on December 12,
2002 are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 27th day of January 2003

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance