Certified
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TAW-62346  /  McConway and Torley, LLC (Kutztown, PA)

Petitioner Type: Union
Impact Date: 10/22/2006
Filed Date: 10/24/2007
Most Recent Update: 12/19/2007
Determination Date: 12/19/2007
Expiration Date: 12/19/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,346

MCCONWAY & TORLEY, LLC
A SUBSIDIARY OF TRINITY PARTS & COMPONENTS, LLC
TRINITY INDUSTRIES, INC.
KUTZTOWN, 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 October 24, 2007, in
response to a petition filed by the Glass, Molder, Pottery,
Plastics and Allied Workers International Union, Local #361 on
behalf of workers of McConway & Torley, LLC, a Subsidiary of
Trinity Parts & Components, LLC, Trinity Industries, Inc.,
Kutztown, Pennsylvania. Workers at the subject firm manufacture
railcar couplers.
The investigation revealed that employment, sales and
production at the subject firm declined during the period of
January through September 2007, when compared to the same time
period in 2006.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of railcar couplers in 2005,
2006, January through September 2006, and January through September
2007. The surveys revealed an increase in imports of railcar
couplers 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 railcar couplers produced by
McConway & Torley, LLC, a Subsidiary of Trinity Parts & Components,
LLC, Trinity Industries, Inc., Kutztown, 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 McConway & Torley, LLC, a Subsidiary of
Trinity Parts & Components, LLC, Trinity Industries, Inc.,
Kutztown, Pennsylvania, who became totally or partially
separated from employment on or after October 22, 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 19th day of December 2007


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