DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,143

GUNDERSON LLC
PORTLAND, OREGON

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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)(B) of
Section 222 have been met.
The investigation was initiated on October 17, 2005 in
response to a petition filed by an Oregon state official on behalf
of workers of Gunderson LLC, Portland, Oregon. The workers produce
railcars.
The investigation revealed that a shift in production from the
subject firm to China occurred during the period of investigation,
and layoffs at the subject plant resulted from this shift. In
addition, the company increased their imports of railcars in the
relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
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.

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

The Department has determined that criteria 2 and 3 have not been
met. The investigation revealed that conditions within the industry
are such that the skills of the worker group are in demand in the
area.


Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to China of articles that are like
or directly competitive with those produced by the subject firm or
subdivision, and there has been an increase in imports of like or
directly competitive articles. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Gunderson LLC, Portland, Oregon who became
totally or partially separated from employment on or after
October 14, 2004 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
I further determine that all workers of Gunderson LLC,
Portland, Oregon, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 28th day of November, 2005.


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