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TAW-71725  /  Caterpillar, Inc. (Mossville, IL)

Petitioner Type: Union
Impact Date: 07/06/2008
Filed Date: 07/17/2009
Most Recent Update: 11/02/2009
Determination Date: 11/02/2009
Expiration Date: 11/02/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,725

CATERPILLAR, INC.
LARGE POWER SYSTEMS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
GRAY INTERPLANT SYSTEMS, INC, ATS, URS, RIVER CITY, GCA, LOZIER,
OBRIEN BROS., HK, FCA AND CLIFTON GUNDERSON
MOSSVILLE, ILLINOIS


Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on November 2, 2009, applicable to Caterpillar, Inc.,
Large Power Systems Division, Mossville, Illinois. The workers
produce on-highway and off-highway diesel engines for commercial
trucks. The notice was published in the Federal Register on
January 25, 2010 (75 FR 3935).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from Gray Interplant Systems, Inc.,
ATS, URS, River City, GCA, Lozier, Obrien Bros., HK, FCA, and
Clifton Gunderson were employed on-site at the Mossville,
Illinois location of Caterpillar, Inc., Large Power Systems


Division. The Department has determined that these workers were
sufficiently under the control of Caterpillar, Inc., Large Power
Systems Division, Mossville, Illinois to be included in this
certification.
Based on these findings, the Department is amending this
certification to include workers leased from Gray Interplant
Systems, Inc., ATS, URS, River City, GCA, Lozier, Obrien Bros.,
HK, FCA, and Clifton Gunderson working on-site at the Mossville,
Illinois location of Caterpillar, Inc., Large Power Systems
Division.



The amended notice applicable to TA-W-71,725 is hereby issued as
follows:
"All workers of Caterpillar, Inc., Large Power Systems
Division, including on-site leased workers from Gray
Interplant Systems, Inc., ATS, URS, River City, GCA,
Lozier, Obrien Bros., HK, FCA, and Clifton Gunderson,
Mossville, Illinois, who became totally or partially
separated from employment on or after July 6, 2008,
through November 2, 2011, 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 at Washington, D.C. this 4th day of October 2011.

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,725

CATERPILLAR INC.
LARGE POWER SYSTEMS DIVISION
MOSSVILLE, ILLINOIS

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 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 July 17, 2009 by the United Automobile, Aerospace,
Agricultural Implement Workers of America, Local 974, on behalf of
workers of Caterpillar Inc., Large Power Systems Division,
Mossville, Illinois. The workers produce on-highway and off-
highway diesel engines for commercial trucks.
The investigation revealed that workers of Caterpillar Inc.,
Large Power Systems Division, Mossville, Illinois who are engaged
in employment related to production of on-highway and off-highway
diesel engines meet the criteria as Suppliers for secondary
worker certification.
Criterion I has been met because a significant number of
workers were separated from employment during the relevant
period.
Criterion II has been satisfied because workers of
Caterpillar Inc., Large Power Systems Division, Mossville,
Illinois produced and sold on-highway and off-highway diesel
engines to Daimler Trucks North America, Portland Truck Plant,
Portland, Oregon to be incorporated into commercial trucks.
Workers of Daimler Trucks North America, Portland Truck Plant,
Portland, Oregon are covered by certification number TA-W-64,951
issued based on a shift in production to a foreign country with a
free trade agreement.
Criterion III has been met because the loss of sales of on-
highway and off-highway diesel engines produced by Caterpillar
Inc., Large Power Systems Division, Mossville, Illinois for
Daimler Trucks North America, Portland Truck Plant, Portland,
Oregon contributed importantly to the sales and production
decline at the workers’ firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Caterpillar Inc., Large
Power Systems Division, Mossville, Illinois, who are engaged in
employment related to the production of on-highway and off-highway
diesel engines 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 Caterpillar Inc., Large Power Systems
Division, Mossville, Illinois, who became totally or
partially separated from employment on or after July 6, 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 2nd day of November, 2009


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



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