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TAW-72222  /  YRC, Inc. (Richfield, OH)

Petitioner Type: State
Impact Date: 09/03/2008
Filed Date: 09/04/2009
Most Recent Update: 07/28/2010
Determination Date: 07/28/2010
Expiration Date: 07/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,222

YRC, INC.
A SUBSIDIARY OF YRC WORLDWIDE, INC.
RICHFIELD, OHIO

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 September 4, 2009 by a one-stop operator/partner on
behalf of workers of YRC, Inc., a subsidiary of YRC Worldwide,
Inc., Richfield, Ohio. The workers were engaged in activities
related to the supply of transportation services.
The investigation revealed that workers of YRC who were
engaged in activities related to the supply of transportation
services meet the criteria as a Downstream Producer for
secondary worker certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because YRC supplied
transportation services to firms that employed TAA-certified
worker groups and the transportation services were related to
the articles that were the basis of the primary
certifications.
Criterion III has been met because the loss of business
with the TAA-certified customers contributed importantly to
the worker separations at YRC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of YRC, Inc., a
subsidiary of YRC Worldwide, Inc., Richfield, Ohio, who were
engaged in activities related to the supply of transportation
services, 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 YRC, Inc., a subsidiary of YRC Worldwide,
Inc., Richfield, Ohio, 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 28th day of July, 2010

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