Certified
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TAW-72581  /  Freightcar America (Roanoke, VA)

Petitioner Type: Workers
Impact Date: 10/13/2008
Filed Date: 10/14/2009
Most Recent Update: 07/14/2010
Determination Date: 07/14/2010
Expiration Date: 07/14/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,581

FREIGHTCAR AMERICA
ROANOKE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONAL
STAFFING AND AT-WORK PERSONNEL SERVICES
ROANOKE, VIRGINIA

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on October 14, 2009 on behalf of workers of Freightcar
America, Roanoke Division, Roanoke, Virginia. The workers were
engaged in employment related to production of railcars. The
worker group includes on-site leased workers from Express
Professional Staffing and At-Work Personnel Services.
The investigation revealed that workers of Freightcar
America who are engaged in employment related to production of
railcars meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number of workers have been separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of railcars by Freightcar America have
decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the railcars
produced by Freightcar America have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at Freightcar
America.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Freightcar America,
Roanoke Division, Roanoke, Virginia, who are engaged in
employment related to production of railcars 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 Freightcar America, Roanoke Division,
including on-site leased workers from Express
Professional Staffing and At-Work Personnel Services,
Roanoke, Virginia, who became totally or partially
separated from employment on or after October 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 14th day of July, 2010

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