Petitioner Type: Company
Impact Date: 05/14/2009
Filed Date: 05/18/2010
Most Recent Update: 10/28/2010
Determination Date: 10/28/2010
Expiration Date: 10/28/2012
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,111
ALSTOM TRANSPORTATION, INC.
TRANSPORT
1 SHAMUT DRIVE
HORNELL, NEW YORK
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 May 18, 2010 by CSS Workforce New York on behalf of
workers of Alstom Transportation, Inc., Transport, 1 Shamut
Drive, Hornell, New York ("Alstom"). The workers are engaged
in activities related to the production of subsystems for rail
cars.
The investigation revealed that workers of Alstom who are
engaged in activities related to the production of subsystems
for rail cars meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Alstom have become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of subsystems for rail cars by Alstom have
decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with
subsystems for rail cars by Alstom have increased.
Specifically, a customer has increased their imports of
articles like or directly competitive with those produced at
Alstom during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of subsystems for rail cars by a
customer of Alstom contributed importantly to the worker group
separations and sales/production declines at Alstom during the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alstom
Transportation, Inc., Transport, 1 Shamut Drive, Hornell, New
York, who are engaged in activities related to the production of
subsystems for rail cars 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 Alstom Transportation, Inc., Transport, 1
Shamut Drive, Hornell, New York, who became totally or
partially separated from employment on or after May 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 28th day of October, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,111A
ALSTOM TRANSPORTATION, INC.
TRANSPORT
1 TRANSIT DRIVE
HORNELL, NEW YORK
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 May 18, 2010 by CSS Workforce New York on behalf of
workers of Alstom Transportation, Inc., Transport, 1 Transit
Drive, Hornell, New York ("Alstom"). The workers are engaged
in activities
The investigation revealed that workers of Alstom who are
engaged in activities related to the production of rail cars
meet the criteria as a Downstream Producer for secondary
worker certification.
Criterion I has been met because a significant number or
proportion of the workers at Alstom have become totally or
partially separated.
Criterion II has been met because workers of Alstom
provided finishing activities to a firm that employed a worker
group who is covered by an active certification and rail cars
are related to the article that was the basis of the firm's
certification.
Criterion III has been met because the loss of business
by Alstom with the TAA-certified firm contributed importantly
to the worker separations at Alstom.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alstom
Transportation, Inc., Transport, 1 Transit Drive, Hornell, New
York, who are engaged in activities related to the production of
rail cars 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 Alstom Transportation, Inc., Transport, 1
Transit Drive, Hornell, New York, who became totally or
partially separated from employment on or after May 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 28th day of October, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,111
ALSTOM TRANSPORTATION, INC.
TRANSPORT
1 SHAMUT DRIVE
HORNELL, NEW YORK
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 May 18, 2010 by CSS Workforce New York on behalf of
workers of Alstom Transportation, Inc., Transport, 1 Shamut
Drive, Hornell, New York ("Alstom"). The workers are engaged
in activities related to the production of subsystems for rail
cars.
The investigation revealed that workers of Alstom who are
engaged in activities related to the production of subsystems
for rail cars meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Alstom have become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and production of subsystems for rail cars by Alstom have
decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with
subsystems for rail cars by Alstom have increased.
Specifically, a customer has increased their imports of
articles like or directly competitive with those produced at
Alstom during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of subsystems for rail cars by a
customer of Alstom contributed importantly to the worker group
separations and sales/production declines at Alstom during the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alstom
Transportation, Inc., Transport, 1 Shamut Drive, Hornell, New
York, who are engaged in activities related to the production of
subsystems for rail cars 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 Alstom Transportation, Inc., Transport, 1
Shamut Drive, Hornell, New York, who became totally or
partially separated from employment on or after May 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 28th day of October, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,111A
ALSTOM TRANSPORTATION, INC.
TRANSPORT
1 TRANSIT DRIVE
HORNELL, NEW YORK
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 May 18, 2010 by CSS Workforce New York on behalf of
workers of Alstom Transportation, Inc., Transport, 1 Transit
Drive, Hornell, New York ("Alstom"). The workers are engaged
in activities
The investigation revealed that workers of Alstom who are
engaged in activities related to the production of rail cars
meet the criteria as a Downstream Producer for secondary
worker certification.
Criterion I has been met because a significant number or
proportion of the workers at Alstom have become totally or
partially separated.
Criterion II has been met because workers of Alstom
provided finishing activities to a firm that employed a worker
group who is covered by an active certification and rail cars
are related to the article that was the basis of the firm's
certification.
Criterion III has been met because the loss of business
by Alstom with the TAA-certified firm contributed importantly
to the worker separations at Alstom.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alstom
Transportation, Inc., Transport, 1 Transit Drive, Hornell, New
York, who are engaged in activities related to the production of
rail cars 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 Alstom Transportation, Inc., Transport, 1
Transit Drive, Hornell, New York, who became totally or
partially separated from employment on or after May 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 28th day of October, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance