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TAW-72031  /  Anderson Truck Line, Inc. (Hudson, NC)

Petitioner Type: Company
Impact Date: 08/13/2008
Filed Date: 08/14/2009
Most Recent Update: 09/30/2009
Determination Date: 09/30/2009
Expiration Date: 09/30/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,031

ANDERSON TRUCK LINE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PEOPLELEASE CORPORATION
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(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 "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 August 14, 2009 by a company official on behalf of
workers of Anderson Truck Line, Inc., Hudson, North Carolina
(Anderson Truck Line, Inc.). The investigation revealed that the
worker group includes on-site leased workers from PeopleLease
Corporation. Workers at the subject firm are engaged in
activities related to transportation services. The workers are
not separately identifiable by services.
The investigation revealed that workers of Anderson Truck
Line, Inc., including on-site leased workers from PeopleLease
Corporation, Hudson, North Carolina who are engaged in
employment related to transportation services meet the
criteria as a Downstream Producer for secondary worker
certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of
Anderson Truck Line, Inc. supplied transportation services to
Thomasville Furniture Industries, Inc., Thomasville, North
Carolina and Thomasville Furniture Industries, Winston Salem,
North Carolina, and workers of Thomasville Furniture
Industries, Inc., Thomasville, North Carolina and Thomasville
Furniture Industries, Winston Salem, North Carolina are
covered by certification numbers TA-W-64,826 and TA-W-70,833
respectively, issued based on the shift in production of
furniture, and the transportation services were related to
furniture produced by Thomasville Furniture Industries, Inc.,
Thomasville, North Carolina and Thomasville Furniture
Industries, Winston Salem, North Carolina.
Criterion III has been met because the loss of business
described above by Anderson Truck Line, Inc. with Thomasville
Furniture Industries, Inc., Thomasville, North Carolina and
Thomasville Furniture Industries, Winston Salem, North
Carolina contributed importantly to the worker separations at
Anderson Truck Line, Inc.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Anderson Truck Line,
Inc., including on-site leased workers from PeopleLease
Corporation, Hudson, North Carolina who are engaged in
employment related to 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 Anderson Truck Line, Inc., including on-
site leased workers from PeopleLease Corporation, Hudson,
North Carolina, who became totally or partially separated
from employment on or after August 13, 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 30th day of September 2009


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance