DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,795

FREIGHTCAR AMERICA, INC.
ADMINSTRATIVE OFFICE
JOHNSTOWN, PENNSYLVANIA

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 November 9, 2009 by a company official on behalf of
workers of FreightCar America, Inc., Administrative Office,
Johnstown, Pennsylvania (FreightCar America, Administrative
Office). The workers supply administrative office support
services for railcars.
The investigation revealed that workers of FreightCar
America, Administrative Office, who supply administrative
office support services for railcars, meet the criteria as
Suppliers for secondary worker certification.
Criterion I has been met because a significant proportion
of workers at the workers' firm have been separated during the
relevant period.





Criterion II has been met because workers of FreightCar
America, Administrative Office supplied a service directly to
a firm with a currently certified TAA worker group, and the
service supplied was related to the production of an article
or the supply of a service that was the basis for the TAA
certification.
Criterion III has been met because the administrative
office support services for railcars supplied by FreightCar
America, Administrative Office for an affiliated production
facility that employed a worker group covered by an active
certification accounted for at least 20 percent of the
production or sales of the Johnstown, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FreightCar America,
Inc., Administrative Office, Johnstown, Pennsylvania, who
supply administrative office support services for railcars,
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 FreightCar America, Inc., Administrative
Office, Johnstown, Pennsylvania, who became totally or
partially separated from employment on or after November 6,
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 16th day of July, 2010.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance