Certified
« back to search results

TAW-70686  /  T.B.C. Timber, Inc. (Libby, MT)

Petitioner Type: Company
Impact Date: 05/22/2008
Filed Date: 05/28/2009
Most Recent Update: 08/05/2009
Determination Date: 08/05/2009
Expiration Date: 08/05/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,686

T.B.C. TIMBER, INC.
LIBBY, MONTANA

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 22, 2009 by a company official on behalf of
workers of T.B.C. Timber, Inc., Libby, Montana. The workers
provide logging services.
The investigation revealed that workers of T.B.C. Timber,
Inc., who are engaged in employment related to logging
services, meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant proportion
of the worker group was separated from employment over the
last year.
Criterion II has been satisfied because workers of T.B.C.
Timber, Inc., provided services in support of Plum Creek
facilities which produce lumber. Workers of the Plum Creek
facilities are covered by certifications TA-W-62,200, TA-W-
62657, TA-W-64238, TA-W-64,983 and TA-W-70,273, issued based
on the increased reliance on imports by the aforementioned
Plum Creek facilities.
Criterion III has been met because the logging services
provided by T.B.C. Timber, Inc., for Plum Creek accounted for
at least 20 percent of the subject firm's sales.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of T.B.C. Timber, Inc.,
Libby, Montana, who are engaged in employment related to logging
services 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 T.B.C. Timber, Inc., Libby, Montana, who
became totally or partially separated from employment on or
after May 22, 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 5th day of August, 2009.


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