DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,830

ECM TRANSPORT, LLC
NEW KENSINGTON, 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(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 November 12, 2009 on behalf of workers of ECM
Transport, LLC, New Kensington, Pennsylvania (ECM). The
workers are engaged in activities related to tractor trailer
transportation services.
The investigation revealed that workers of ECM who are
engaged in activities related to tractor trailer transportation
services meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers have been separated.
Section 222(a)(2)(A)(i) has been met because the sales of
tractor trailer transportation services by ECM have decreased
during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
services like or directly competitive with the tractor trailer
transportation services provided by ECM have increased.
Specifically, the Department of Labor surveyed ECM's major
declining customers regarding purchases of tractor trailer
transportation services during 2007, 2008, and January through
November 2009. The survey revealed a major customer increased
their reliance on imported tractor trailer transportation
services during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased reliance on imported tractor trailer
transportation services by a major customer of ECM contributed
importantly to the worker group separations and sales declines
at ECM.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ECM Transport, LLC,
New Kensington, Pennsylvania, who are engaged in activities
related to tractor trailer transportation services 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 ECM Transport, LLC, New Kensington,
Pennsylvania, who became totally or partially separated
from employment on or after November 11, 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 2nd day of March, 2010

/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance