DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,117

JOHNSTOWN AMERICA CORPORATION
JOHNSTOWN, PENNSYLVANIA

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated January 5, 2005, the United Steelworkers of
America, Local 2635 requested ATAA consideration for workers at
the Johnstown America Corporation located in Johnstown,
Pennsylvania.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not
been met.
The investigation revealed that the skills of workers in the
workers’ firm are easily transferable in the local area.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of Johnstown America Corporation located
in Johnstown, Pennsylvania are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, as amended.
Signed in Washington, D.C., this 1st day of July 2004

/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,117

JOHNSTOWN AMERICA CORPORATION
JOHNSTOWN, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on June 23, 2003, in response
to a petition filed by the United Steelworkers Union, Local 2635,
on behalf of workers of Johnstown America Corporation, Johnstown,
Pennsylvania. The workers produce railroad freight cars.
The investigation revealed that major customers of the subject
firm increased their purchases of imported freight cars while
reducing purchases from the subject firm. Worker separations at
Johnstown America Corporation occurred during this same period.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with railroad freight cars produced at
Johnstown America Corporation, Johnstown, Pennsylvania contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Johnstown America Corporation, Johnstown,
Pennsylvania who became totally or partially separated from
employment on or after June 9, 2002 through two years from the
date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 8th day of August 2003.

/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance





May want to list the specific citation to the group eligibility requirements.