DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,173

PENSKE LOGISTICS LLC.
A WHOLLY OWNED SUBSIDIARY OF PENSKE TRUCK LEASING COMPANY LLP.
INCLUDING ON-SITE LEASED WORKERS FROM STAFFMARK AND MANPOWER
STAFFING
OXFORD, MISSISSIPPI

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(a), 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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for another
firm for articles or services with respect to which a group of
workers in such other firm has been certified under subsection
(a) [of Section 222 of the Act]" and defines the term "value-
added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on June 11, 2009 by a company official on behalf of
workers of Penske Logistics LLC, a wholly owned subsidiary of
Penske Truck Leasing Company LLP, Oxford, Mississippi. The
worker group also includes on-site leased workers from
Staffmark and Manpower Staffing. The workers supply
transportation services.
The investigation revealed that workers of Penske Logistics
LLC. who are engaged in employment related to providing
transportation services meet the criteria as a Downstream
Producer for secondary worker certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been satisfied because workers of Penske
Logistics LLC. provided transportation services to Whirlpool
Corporation, Oxford Division, Oxford, Mississippi (Whirlpool).
Workers of Whirlpool are covered by certification number TA-W-
63,990 issued based on a shift in production of cooking
products to Mexico.
Criterion III has been met because the loss of business by
Penske Logistics LLC. with Whirlpool contributed importantly
to the workers' separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Penske Logistics
LLC., a wholly owned subsidiary of Penske Truck Leasing
Company, including on-site leased workers from Staffmark and
Manpower Staffing, Oxford, Mississippi, who are engaged in
employment related to the provision of transportation 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 Penske Logistics LLC, a wholly owned
subsidiary of Penske Truck Leasing Company LLP, Oxford,
Mississippi, including on-site leased workers from
Staffmark and Manpower Staffing, who became totally or
partially separated from employment on or after June 11,
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 7th day of October, 2009


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance