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TAW-72219  /  USF Holland, Inc. (Jackson, MI)

Petitioner Type: State
Impact Date: 09/03/2008
Filed Date: 09/04/2009
Most Recent Update: 06/17/2010
Determination Date: 06/17/2010
Expiration Date: 06/17/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,219

USF HOLLAND, INC.
A SUBSIDIARY OF YRC WORLDWIDE
JACKSON, MICHIGAN

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 September 4, 2009 by a state workforce official on
behalf of workers of USF Holland, Inc., a subsidiary of YRC
Worldwide, Jackson, Michigan. The workers provided less-than-
truckload transportation services for various industries.
The investigation revealed that workers of USF Holland,
Inc., who are engaged in employment related to less-than-
truckload transportation, meet the criteria as Downstream
Producers for secondary worker certification.
Criterion I has been met because a significant proportion
of the workers have been separated.
Criterion II has been met because USF Holland, Inc.
supplied a service to a firm with a TAA-certified worker
group, and the service supplied was related to the article
that was the basis for the certification.
Criterion III has been met because the loss of business
with the firm that employed a TAA-certified worker group
contributed importantly to worker separations at USF Holland,
Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of USF Holland, Inc., a
subsidiary of YRC Worldwide, Jackson, Michigan, who are engaged
in employment related to less-than-truckload transportation,
meet the worker group certification criteria under Section
222(c) of the Act, 19 U.S.C. § 2272(c). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:



"All workers of USF Holland, Inc., a subsidiary of YRC
Worldwide, Jackson, Michigan, who became totally or
partially separated from employment on or after September
3, 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 17th day of June, 2010

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