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TAW-70687  /  Marmon/Keystone Corporation (Butler, PA)

Petitioner Type: Company
Impact Date: 05/21/2008
Filed Date: 05/28/2009
Most Recent Update: 11/05/2009
Determination Date: 11/05/2009
Expiration Date: 11/05/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,687

MARMON/KEYSTONE CORPORATION
A WHOLLY-OWNED SUBSIDIARY OF MARMON DISTRIBUTIVE SERVICES, LLC
EAST BUTLER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM UNLIMITED STAFFING AND
SPECIALIZED STAFFING
BUTLER, 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 28, 2009, by United Steel Workers, Local 8042-1,
on behalf of workers of Marmon/Keystone Corporation, a wholly-
owned subsidiary of Marmon Distributive Services, LLC, East
Butler Division, Butler, Pennsylvania (Marmon/Keystone
Corporation). The workers provide distribution services of
tubular products. The worker group consists of on-site leased
workers from Unlimited Staffing and Specialized Staffing.
The investigation revealed that workers of Marmon/Keystone
Corporation who are engaged in employment related to
distribution services of tubular products meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because a significant portion of
workers have been separated at the subject firm in January
through April 2009 when compared with the corresponding 2008
period.
Criterion II has been met because workers of
Marmon/Keystone Corporation provide services to JLG Industries
distributing tubular products. Workers of JLG Industries are
covered by certification number TA-W-63,989 issued based on
the increased imports of aerial work platforms, telehandlers,
and component parts.
Criterion III has been met because the loss of business
by Marmon/Keystone Corporation with respect to the
distribution of tubular products sold to JLG Industries
contributed importantly to worker separations at
Marmon/Keystone Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Marmon/Keystone
Corporation, a wholly-owned subsidiary of Marmon Distributive
Services, LLC, East Butler Division, including on-site leased
workers from Unlimited Staffing and Specialized Staffing,
Butler, Pennsylvania, who are engaged in employment related to
the distribution of tubular products 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 Marmon/Keystone Corporation, a wholly-
owned subsidiary of Marmon Distributive Services, LLC,
East Butler Division, including on-site leased workers
from Unlimited Staffing and Specialized Staffing, Butler,
Pennsylvania, who became totally or partially separated
from employment on or after May 21, 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 November, 2009

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