DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,859

WATKINS SHEPARD TRUCKING, INC.
INCLUDING INDIVIDUALS UNDER ITS OPERATION CONTROL
MISSOULA, 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 July 14, 2010, applicable to workers of Watkins
Shepard Trucking, Inc., Missoula, Montana. The Department’s
Notice of determination will soon be published in the Federal
Register. The certification included independent contractors
working on-site at the subject firm.
At the request of the State of Montana, the Department
reviewed the certification for workers of the subject firm.
By definition, independent contractors are not under the
operation control of another entity. Accordingly, the Department
is amending the certification to exclude independent contractors.
The intent of the Department’s certification is to include
all workers of Watkins Shepard Trucking, Inc., Missoula, Montana
and all individuals under the operation control of the subject
firm who are adversely affected secondary workers.
The amended notice applicable to TA-W-73,859 is hereby
issued as follows:
"All workers of Watkins Shepard Trucking, Inc.,
including individuals under its operational control,
Missoula, Montana, who became totally or partially
separated from employment on or after March 23, 2009,
through July 14, 2012, 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 at Washington, D.C. this 28th 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-73,859

WATKINS SHEPARD TRUCKING, INC.
INCLUDING ON-SITE INDEPENDENT CONTRACTORS
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 “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 on April 6, 2010 in response to
a petition filed on behalf of workers at Watkins Shepard Trucking,
Inc., Missoula, Montana (Watkins Trucking). The workers are
engaged in activity related to the supply of interstate logistic
services to the subject firm’s customers. The worker group
includes on-site independent contractors.
The investigation revealed that workers of Watkins Trucking,
who are engaged in employment related to the supply of interstate
logistic services, meet the criteria as Suppliers for secondary
worker certification.
Criterion I has been met because a significant proportion or
number of workers at Watkins Trucking was totally or partially
separated, or threatened with such separation, during the
relevant period.
Criterion II has been met because workers of Watkins Trucking
directly supplied services to a firm to be used in the production
of an article and because the firm employed a worker group who is
currently eligible to apply for Trade Adjustment Assistance
(TAA).
Criterion III has been met because the loss of business by
Watkins Trucking with the firm, with respect to interstate
logistic services supplied, contributed importantly to worker
separations at the Missoula, Montana facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Watkins Shepard
Trucking, who are engaged in employment related to providing
interstate logistic 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 Watkins Shepard Trucking, Inc., including on-
site independent contractors, Missoula, Montana, who became
totally or partially separated from employment on or after
March 23, 2009, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on 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 14th day of July, 2010
/s/Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance





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