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TAW-73255  /  Mountain Valley Express Company, Inc. (Manteca, CA)

Petitioner Type: State
Impact Date: 01/12/2009
Filed Date: 01/13/2010
Most Recent Update: 03/19/2010
Determination Date: 03/19/2010
Expiration Date: 03/19/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,255

MOUNTAIN VALLEY EXPRESS COMPANY, INC.
DEDICATED LOGISTICS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
STAFFMARK AND ADECCO
MANTECA, CALIFORNIA

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 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 January 13, 2010 by a State Workforce Office on behalf
of workers of Mountain Valley Express Company, Inc., Dedicated
Logistics Division, Manteca, California (Mountain Valley
Express Company, Inc.). Workers at the subject firm are engaged
in activities related to freight transportation and logistical
support services. The workers are not separately identifiable by
function. The worker group includes on-site leased workers from
Staffmark, Lathrop, California and Adecco, Stockton,
California.
The investigation revealed that workers of Mountain Valley
Express Company, Inc. including on-site leased workers from
Staffmark and Adecco who are engaged in activities related to
freight transportation and logistical support services meet the
criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because workers of
Mountain Valley Express Company, Inc. supplied and sold freight
transportation and logistical support services to a firm that
employed a worker group who is covered by an active
certification and that the freight transportation and
logistical support services were related to the production of
automobiles.
Criterion III has been met because the loss of business by
Mountain Valley Express Company, Inc., with respect to freight
transportation and logistical support services sold to the TAA-
certified firm, contributed importantly to worker separations
at Mountain Valley Express Company, Inc.










Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mountain Valley
Express Company, Inc., including on-site leased workers from
Staffmark and Adecco, Manteca, California who are engaged in
freight transportation and logistical support 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 Mountain Valley Express Company, Inc.,
including on-site leased workers from Staffmark and
Adecco, Manteca, California, who became totally or
partially separated from employment on or after January 12,
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 19th day of March 2010



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