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TAW-73381  /  Montana Rail Link, Inc. (Missoula, MT)

Petitioner Type: Company
Impact Date: 01/26/2009
Filed Date: 01/28/2010
Most Recent Update: 06/23/2010
Determination Date: 06/23/2010
Expiration Date: 06/23/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,381

MONTANA RAIL LINK, INC.
MISSOULA, MONTANA

TA-W-73,381A
BILLINGS, MONTANA

TA-W-73,381B
LAUREL, MONTANA

TA-W-73,381C
LIVINGSTON, MONTANA

TA-W-73,381D
HELENA, MONTANA

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on June 23, 2010, applicable to workers of Montana Rail
Link, Inc., Missoula, Montana. The Department’s Notice of
determination was published in the Federal Register on July 7,
2010 (75 FR 39049).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers are
downstream producers for a firm whose workers are certified as
eligible to apply for Trade Adjustment Assistance (TAA).
The review shows that Montana Rail Link, Inc. has corporate
offices in Missoula, Montana and operations facilities (yards) in
Billings, Laurel, Livingston, Helena and Missoula, Montana. The
Billings, Laurel, Livingston, and Helena facilities operate in
conjunction with the Missoula facility, and are similarly impacted
by the loss of business with the firm whose workers are certified
as eligible to apply for TAA.
Based on these findings, the Department is amending this
certification to include workers of Montana Rail Link, Inc. at
facilities in Billings, Laurel, Livingston, and Helena, Montana.
The amended notice applicable to TA-W-73,381 is hereby
issued as follows:
“All workers of Montana Rail Link, Inc., Missoula, Montana
(TA-W-73,381), Billings, Montana (TA-W-73,381A), Laurel,
Montana (TA-W-73,381B), Livingston, Montana (TA-W-73,381C),
and Helena, Montana (TA-W-73,381D), who became totally or
partially separated from employment on or after January 26,
2009 through June 23, 2012, and all workers in the group
threatened with total or partial separation, on or after June
23, 2010 through June 23, 2012, 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 8th day of July, 2010

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-73,381

MONTANA RAIL LINK, INC.
MISSOULA, MONTANA

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 28, 2010 by a company official on behalf of
workers of Montana Rail Link, Inc., Missoula, Montana. The
workers supply railroad freight transportation services.
The investigation revealed that workers of Montana Rail Link,
Inc., Missoula, Montana, who are engaged in employment related to
the supply of railroad freight transportation services, meet the
criteria as Downstream Producer for secondary worker
certification.
Criterion I has been met because significant number or
proportion of workers Montana Rail Link, Inc., Missoula, Montana
has been totally or partially separated, or threatened with such
separation, during the relevant period. Criterion
II has been met because Montana Rail Link, Inc., Missoula,
Montana, was a downstream producer of a firm that employed a
worker group that is currently eligible to apply for Trade
Adjustment Assistance (TAA), and the services are related to the
article that was the basis for the TAA certification.
Criterion III has been met because the loss of business by
Montana Rail Link, Inc., Missoula, Montana, with the firm that
employed the TAA-certified worker group contributed importantly
to worker group separations at the subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Montana Rail Link,
Inc., Missoula, Montana, who are engaged in employment related to
the supply of railroad freight 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 Montana Rail Link, Inc., Missoula, Montana,
who became totally or partially separated from employment on
or after January 26, 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 23rd day of June, 2010.

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance



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