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TAW-72504  /  Penske Logistics, LLC (Spring Hill, TN)

Petitioner Type: Union
Impact Date: 10/02/2008
Filed Date: 10/06/2009
Most Recent Update: 04/28/2010
Determination Date: 04/28/2010
Expiration Date: 04/28/2012


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,504

PENSKE LOGISTICS, LLC
SUBSIDIARY OF PENSKE TRUCK LEASING COMPANY L.P.
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD AND TRANSFORCE
SPRING HILL, TENNESSEE

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 6, 2009, by a union representative of American
Federation of Labor - Congress of Industrial Organizations
(AFL-CIO) on behalf of workers of Penske Logistics, LLC,
subsidiary of Penske Truck Leasing Company L.P., Spring Hill,
Tennessee (hereinafter referred to as Penske Logistics). The
worker group includes on-site leased workers from Randstad and
Transforce. The workers supply warehousing and transportation
services.
The investigation revealed that workers of Penske
Logistics, who are engaged in activities related to the supply
of warehousing and transportation services, meet the criteria
as Suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
of the workers at the workers' firm were separated during the
relevant period.
Criterion II has been met because workers of Penske
Logistics supplied warehousing and transportation services
which were used in the production of automobiles to a firm
that employed a worker group covered by an active
certification during a substantial part of the period covered
by this petition.
Criterion III has been met because the warehousing and
transportation services supplied by Penske Logistics to a firm
that employed a worker group covered by an active
certification accounted for at least 20 percent of the
production or sales of the Penske facility in Spring Hill,
Tennessee.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Penske Logistics,
LLC, subsidiary of Penske Truck Leasing Company L.P.,
including on-site leased workers from Randstad and Transforce,
Spring Hill, Tennessee, who supplied warehousing and
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 Penske Logistics, LLC, a subsidiary of
Penske Truck Leasing Company L.P., including on-site
leased workers from Randstad and Transforce, Spring Hill,
Tennessee, 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 28th day of April, 2010

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance