Certified
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TAW-73945  /  Carlen Transport, Inc. (Hampden, ME)

Petitioner Type: Workers
Impact Date: 04/07/2009
Filed Date: 04/16/2010
Most Recent Update: 08/20/2010
Determination Date: 08/20/2010
Expiration Date: 08/20/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,945

CARLEN TRANSPORT, INC.
HAMPDEN, MAINE

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 April 16, 2010, on behalf of workers of Carlin
Transportation, Inc., Hampden, Maine. The workers provide
transportation services.
The investigation revealed that workers of Carlin
Transportation, Inc., who are engaged in employment related to
transportation services, meet the criteria as a Downstream
Producer for secondary worker certification.
Criterion I has been met because a significant number of
workers have been separated during the period under
investigation.
Criterion II has been met because workers of Carlin
Transportation, Inc. provided transportation services to a
firm that employed a worker group that is covered by an active
certification and the transportation services were related to
the article that was the basis of the certification.
Criterion III has been met because the loss of business
by Carlin Transportation, Inc. with the TAA-certified firm
contributed importantly to the worker separations at Carlin
Transportation, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Carlin
Transportation, Inc., Hampden, Maine, who are engaged in
employment related to 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 Carlin Transportation, Inc., Hampden,
Maine, who became totally or partially separated from
employment on or after April 7, 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 20th day of August, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance