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TAW-73216  /  Penske Logistics LLC (Evansville, IN)

Petitioner Type: Company
Impact Date: 01/05/2009
Filed Date: 01/06/2010
Most Recent Update: 05/05/2010
Determination Date: 05/05/2010
Expiration Date: 05/05/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,216

PENSKE LOGISTICS LLC
A WHOLLY OWNED SUBSIDIARY OF PENSKE TRUCK LEASING COMPANY, LP
INCLUDING ON-SITE LEASED WORKERS FROM MIS DRIVER RECRUITERS
AND TRILLIUM STAFFING
EVANSVILLE, 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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on January 6, 2010 by a company official on behalf of
workers of Penske Logistics LLC, a wholly owned subsidiary of
Penske Truck Leasing Company LP, Evansville, Indiana. The
worker group also includes on-site leased workers from MIS
Driver Recruiters and Trillium Staffing. The workers supply
transportation services.
The investigation revealed that workers of Penske Logistics
LLC, who are engaged in employment related to the supply of
transportation services, meet the criteria as a "Downstream
Producer" for secondary worker certification.

Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been met because workers of Penske
Logistics LLC provided transportation services to a firm that
employs a worker group who is covered by an active
certification. The workers of the afore-mentioned firm are
eligible to apply for TAA benefits based on a shift in
production of refrigerators and icemakers to Mexico.
Criterion III has been met because the loss of business
by Penske Logistics LLC with the afore-mentioned firm
contributed importantly to the worker separations at the
Evansville, Indiana facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Penske Logistics LLC,
a wholly owned subsidiary of Penske Truck Leasing Company, LP,
including on-site leased workers from MIS Driver Recruiters and
Trillium Staffing, who are engaged in employment related to the
supply of 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 wholly owned
subsidiary of Penske Truck Leasing Company, LP, including
on-site leased workers from MIS Driver Recruiters and
Trillium Staffing, Evansville, Indiana who will become
totally or partially separated from employment on or after
January 5, 2009, 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 5th day of May, 2010


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