DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,065

FREIGHT CAR AMERICA
A SUBSIDIARY OF JOHNSTOWN AMERICA
INCLUDING ON-SITE LEASED WORKERS OF
SARGENT’S PERSONNEL AGENCY, INC.
JOHNSTOWN, PENNSYLVANIA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on April 24, 2007,
applicable to workers of Freight Car America, a subsidiary of
Johnstown America, Johnstown, Pennsylvania. The notice was
published in the Federal Register on May 9, 2007 (72 FR 26424).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of freight (rail) cars and parts.
New information shows that leased workers of Sargent’s
Personnel Agency, Inc. were employed on-site at the Johnstown,
Pennsylvania location of Freight Car America, a subsidiary of
Johnstown America.
Based on these findings, the Department is amending this
certification to include leased workers of Sargent’s Personnel
Agency, Inc. working on-site at Freight Car America, a subsidiary
of Johnstown America, Johnstown, Pennsylvania.
The intent of the Department’s certification is to include
all workers employed at Freight Car America, a subsidiary of
Johnstown America, Johnstown, Pennsylvania who were adversely
affected by increased customer imports.
The amended notice applicable to TA-W-61,065 is hereby
issued as follows:
"All workers of Freight Car America, a subsidiary of
Johnstown America, including on-site leased workers of
Sargent’s Personnel Agency, Inc., Johnstown,
Pennsylvania, who became totally or partially separated
from employment on or after March 5, 2006 through April
24, 2009, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974,
and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade
Act of 1974.”

Signed at Washington, D.C. this 24th day of May 2007.


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




4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,065

FREIGHT CAR AMERICA
A SUBSIDIARY OF JOHNSTOWN AMERICA
JOHNSTOWN, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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)(A) of
Section 222 have been met.
The investigation was initiated on March 6, 2007, in response
to a petition filed by the United Steelworkers of America, Local
2635 on behalf of workers of Freight Car America, A subsidiary of
Johnstown America, Johnstown, Pennsylvania. Workers at the subject
firm manufacture freight (rail) cars and parts.
The investigation revealed that employment and production at
the subject firm declined during the period of January through
February 2007, when compared to the same time period in 2006.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of freight (rail)
cars and parts. These surveys revealed increases in imports of
freight (rail) cars and parts during the period under
investigation.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with freight (rail) cars produced by
Freight Car America, A subsidiary of Johnstown America, 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 Freight Car America, A subsidiary of Johnstown
America, Johnstown, Pennsylvania, who became totally or
partially separated from employment on or after March 5, 2006,
through two years from the date of certification, are eligible
to apply for adjustment assistance under section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed in Washington, D.C., this 24th day of April 2007


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



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