Denied
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TAW-70333  /  URS Corporation (Grand Rapids, MI)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/20/2009
Most Recent Update: 12/10/2009
Determination Date: 12/10/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,333

URS CORPORATION
URS DIVISION
EAST 3 REGIONAL BUSINESS UNIT
GRAND RAPIDS, MICHIGAN

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the increase in imports
or shift/acquisition must have contributed importantly to
the workers' separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act,
19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms Supplier and Downstream Producer. For the Department to
issue a secondary worker certification under Section 222(c) of
the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) 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;

(2) 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

(3) 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission (ITC) as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The investigation was initiated in response to a petition
filed on May 20, 2009, by three workers on behalf of workers of
URS Corporation, URS Division, East 3 Regional Business Unit,
Grand Rapids, Michigan (URS Corporation). The workers are
engaged in engineering and architectural services. The
petitioning worker group alleges that worker separations are
attributable to the economy and overall outsourcing.
With respect to Section 222(a) of the Act, the
investigation revealed that Criteria II and III were not met.
During the relevant period, URS Corporation neither
imported nor shifted to another country services like or
directly competitive with the engineering and architectural
services performed by the workers.
The investigation also included a survey of URS
Corporation's major declining customers to determine if,
during the relevant period, engineering and architectural
services were acquired from foreign sources. The survey
revealed no such activity.
With respect to Section 222(c) of the Act, the
investigation revealed that Criterion II has not been met.
URS Corporation is not a supplier or downstream producer to
a firm that employed a worker group covered by an active Trade
Adjustment Assistance certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because URS Corporation has not been identified in an
affirmative finding of injury by the ITC.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of URS Corporation, URS
Division, East 3 Regional Business Unit, Grand Rapids,
Michigan, who perform engineering and architectural services,
are denied eligibility to apply for adjustment assistance under
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 10th day of December, 2009


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance