DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,531

NEWTON TRANSPORTATION COMPANY INC.
INCLUDING ON-SITE LEASED WORKERS FROM PAD LEASING ASSOCIATES
HUDSON, NORTH CAROLINA

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 July 2, 2009 by a company official on behalf of workers
of Newton Transportation Company Inc., Hudson, North Carolina.
The workers supply transportation services. The worker group
includes on-site leased workers from PAD Leasing Associates.
The investigation revealed that workers of Newton
Transportation Company Inc. who are engaged in employment
related to supplying 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 Newton
Transportation Company Inc. supplied transportation services
to Broyhill Furniture Industries, Inc., Lenoir Chair #3, also
known as Lenoir Plant, Lenoir, North Carolina, and Stanley
Furniture Company, Inc., Stanleytown Division, Stanleytown,
Virginia. Workers of Broyhill Furniture Industries, Inc. are
covered by certification number TA-W-64,259 issued based on
increased imports of residential upholstered furniture.
Workers of Stanley Furniture Company, Inc. are covered by
certification number TA-W-62,313A issued based on increased
imports of bedroom and dining room residential furniture.
Criterion III has been met because the loss of business
with regard to Broyhill Furniture Industries, Inc. and Stanley
Furniture Company, Inc. contributed importantly to worker
group separations at Newton Transportation Company Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Newton Transportation
Company Inc., Hudson, North Carolina, including on-site leased
workers from PAD Leasing Associates, who are engaged in
employment related to supplying 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 Newton Transportation Company Inc.,
including on-site leased workers from PAD Leasing
Associates, Hudson, North Carolina, who became totally or
partially separated from employment on or after July 2,
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 15th day of October, 2009

/s/ Michael W. Jaffe

______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance