Petitioner Type: Union
Impact Date: 01/12/2010
Filed Date: 04/15/2010
Most Recent Update: 07/14/2010
Determination Date: 07/14/2010
Expiration Date: 07/14/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,924
AMSTED RAIL COMPANY, INC.
A SUBSIDIARY OF AMSTED
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND ACCOUNT TEMPS
GRANITE CITY, ILLINOIS
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
Amsted Rail Company, Inc., a subsidiary of Amsted, including on-
site leased workers from Kelly Services and Account Temps,
Granite City, Illinois. The Department’s Notice was published
in the Federal Register on August 2, 2010 (75 FR 45162).
At the request of the State Agency, the Department reviewed
the certification. The workers are engaged in the production of
component parts for the rail car industry.
The Department’s review shows that on January 11, 2008, a
certification of eligibility to apply for adjustment assistance
was issued for all workers of ASF-Keystone, Inc., a Division of
Amsted, Granite City, Illinois, separated from employment on or
after September 20, 2006 through January 11, 2010 (TA-W-62,177).
The Department’s notice was published in the Federal Register on
January 25, 2008 (73 FR 4634). The certification of TA-W-62,177
did not include any on-site leased workers.
In order to avoid an overlap in worker group coverage
concerning only the workers of Amsted Rail Company, Inc., a
subsidiary of Amsted, the Department is amending the April 14,
2009 impact date to read January 12, 2010.
The amended notice applicable to TA-W-73,924 is hereby
issued as follows:
“All workers of Amsted Rail Company, Inc., a subsidiary of
Amsted, Granite City, Illinois, who became totally or
partially separated from employment on or after January 12,
2010, through July 14, 2012, 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;”
AND
“All leased workers from Kelly Services and Account Temps,
working on-site at Amsted Rail Company, Inc., a subsidiary
of Amsted, Granite City, Illinois, who became totally or
partially separated from employment on or after April 14,
2009 through July 14, 2012, 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 21st day of September, 2010.
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,924
AMSTED RAIL COMPANY, INC.
A SUBSIDIARY OF AMSTED
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND ACCOUNT TEMPS
GRANITE CITY, ILLINOIS
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 April 15, 2010 by a representative of the United Steel
Workers, District 7, on behalf of workers of Amsted Rail
Company, Inc., a subsidiary of Amsted, Granite City, Illinois
(Amsted Rail Company). The workers are engaged in employment
related to the production of component parts for the rail car
industry. The workers are not separately identifiable by
product line. The worker group includes on-site leased workers
from Kelly Services and Account Temps.
The investigation revealed that workers of Amsted Rail
Company, who are engaged in employment related to the production
of component parts for the rail car industry, meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of workers at the subject firm have been totally or
partially separated, or threatened with such separation,
during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production by Amsted Rail Company have decreased
absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with component parts for
the rail car industry by Amsted Rail Company has increased
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at Amsted Rail
Company, Inc., Granite City, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Amsted Rail Company,
Granite City, Illinois, who are engaged in employment related to
the production of component parts for the rail car industry,
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 Amsted Rail Company, Inc., a subsidiary of
Amsted, including on-site leased workers from Kelly
Services and Account Temps, Granite City, Illinois, who
became totally or partially separated from employment on or
after April 14, 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 14th day of July, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
2
Employment and Training Administration
TA-W-73,924
AMSTED RAIL COMPANY, INC.
A SUBSIDIARY OF AMSTED
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND ACCOUNT TEMPS
GRANITE CITY, ILLINOIS
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
Amsted Rail Company, Inc., a subsidiary of Amsted, including on-
site leased workers from Kelly Services and Account Temps,
Granite City, Illinois. The Department’s Notice was published
in the Federal Register on August 2, 2010 (75 FR 45162).
At the request of the State Agency, the Department reviewed
the certification. The workers are engaged in the production of
component parts for the rail car industry.
The Department’s review shows that on January 11, 2008, a
certification of eligibility to apply for adjustment assistance
was issued for all workers of ASF-Keystone, Inc., a Division of
Amsted, Granite City, Illinois, separated from employment on or
after September 20, 2006 through January 11, 2010 (TA-W-62,177).
The Department’s notice was published in the Federal Register on
January 25, 2008 (73 FR 4634). The certification of TA-W-62,177
did not include any on-site leased workers.
In order to avoid an overlap in worker group coverage
concerning only the workers of Amsted Rail Company, Inc., a
subsidiary of Amsted, the Department is amending the April 14,
2009 impact date to read January 12, 2010.
The amended notice applicable to TA-W-73,924 is hereby
issued as follows:
“All workers of Amsted Rail Company, Inc., a subsidiary of
Amsted, Granite City, Illinois, who became totally or
partially separated from employment on or after January 12,
2010, through July 14, 2012, 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;”
AND
“All leased workers from Kelly Services and Account Temps,
working on-site at Amsted Rail Company, Inc., a subsidiary
of Amsted, Granite City, Illinois, who became totally or
partially separated from employment on or after April 14,
2009 through July 14, 2012, 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 21st day of September, 2010.
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,924
AMSTED RAIL COMPANY, INC.
A SUBSIDIARY OF AMSTED
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES AND ACCOUNT TEMPS
GRANITE CITY, ILLINOIS
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 April 15, 2010 by a representative of the United Steel
Workers, District 7, on behalf of workers of Amsted Rail
Company, Inc., a subsidiary of Amsted, Granite City, Illinois
(Amsted Rail Company). The workers are engaged in employment
related to the production of component parts for the rail car
industry. The workers are not separately identifiable by
product line. The worker group includes on-site leased workers
from Kelly Services and Account Temps.
The investigation revealed that workers of Amsted Rail
Company, who are engaged in employment related to the production
of component parts for the rail car industry, meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of workers at the subject firm have been totally or
partially separated, or threatened with such separation,
during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production by Amsted Rail Company have decreased
absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with component parts for
the rail car industry by Amsted Rail Company has increased
during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports contributed importantly to the worker
group separations and sales/production declines at Amsted Rail
Company, Inc., Granite City, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Amsted Rail Company,
Granite City, Illinois, who are engaged in employment related to
the production of component parts for the rail car industry,
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 Amsted Rail Company, Inc., a subsidiary of
Amsted, including on-site leased workers from Kelly
Services and Account Temps, Granite City, Illinois, who
became totally or partially separated from employment on or
after April 14, 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 14th day of July, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
2