DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,167

MELAMPY MANUFACTURING
A DIVISION OF WABTEC CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM ALTERNATIVE STAFFING
GIBSON, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 19, 2009 on behalf of workers of Melampy
Manufacturing, a division of Wabtec Corporation, Gibson,
Pennsylvania (Melampy). The worker group includes on-site
leased workers from Alternative Staffing. The workers produce
steel wear plates and brake shoe keys.
The investigation revealed that workers of Melampy who are
engaged in activities related to the production of steel wear
plates and brake shoe keys meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant number of
employees have been separated from the subject firm.
Criterion II has been met because workers of Melampy
produced and sold steel wear plates and brake shoe keys to a
firm that incorporated these articles into railroad castings.
The workers producing railroad castings are covered by an
existing Trade Adjustment Assistance (TAA) certification.
Criterion III has been met because the loss of business
by Melampy with the TAA-certified firm, with respect to steel
wear plates and brake shoe keys sold to that firm, contributed
importantly to worker separations at Melampy.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Melampy
Manufacturing, a division of Wabtec Corporation, including on-
site leased workers from Alternative Staffing, Gibson,
Pennsylvania, who are engaged in activities related to the
production of steel wear plates and brake shoe keys meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Melampy Manufacturing, a division of
Wabtec Corporation, including on-site leased workers from
Alternative Staffing, Gibson, Pennsylvania, who became
totally or partially separated from employment on or after
May 18, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 11th day of December, 2009

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance