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TAW-72495  /  Allegheny Ludlum Corporation (New Castle, IN)

Petitioner Type: Union
Impact Date: 10/02/2008
Filed Date: 10/05/2009
Most Recent Update: 01/15/2010
Determination Date: 01/15/2010
Expiration Date: 01/15/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,495

ALLEGHENY LUDIUM CORPORATION
A SUBSIDIARY OF ALLEGHENY TECHNOLOGIES INCORPORATED
NEW CASTLE, INDIANA

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 services used
in the production of 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 October 5, 2009, by United Steel Workers, Local 8535
(USW), on behalf of workers of Allegheny Ludlum Corporation, a
subsidiary of Allegheny Technologies Incorporated, New Castle,
Indiana (Allegheny). The workers produce stainless steel sheet.
The investigation revealed that workers of Allegheny, who
are engaged in employment related to the production of
stainless steel sheet, meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant number of
workers at Allegheny was separated during the relevant period.
Criterion II has been met because Allegheny supplied a
component part to a firm that employed a worker group covered
by an active Trade Adjustment Assistance certification and the
supply of component parts is related to the article that was the
basis for the certification.
Criterion III has been met because the component parts
supplied to the afore-mentioned firm accounted for at least
twenty percent of the sales of Allegheny.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Allegheny Ludlum
Corporation, New Castle, Indiana, who are engaged in employment
related to the production of stainless steel sheet, 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 Allegheny Ludlum Corporation, a subsidiary
of Allegheny Technologies Incorporated, New Castle,
Indiana, engaged in employment related to the production of
stainless steel sheet, who became totally or partially
separated from employment on or after October 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 January, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance