DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,151

DICK LUCIER EXCAVATION
FRENCHTOWN, 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 in response to a petition
filed on May 27, 2010 by a company official on behalf of workers
of Dick Lucier Excavation, Frenchtown, Montana. The workers
provided services to a local manufactory that produced
linerboard.
The investigation revealed that workers of the subject firm
who are engaged in employment related to services for the
production of linerboard meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because substantial layoffs did
occur.
Criterion II has been met because workers of Dick Lucier
Excavation supplied a service directly to a firm with a
currently certified TAA worker group, and the service supplied
was related to the production of an article or the supply of a
service that was the basis for the TAA certification.
Criterion III has been met because the services supplied
by Dick Lucier Excavation for a firm that employed a worker
group covered by an active certification accounted for at
least 20 percent of the revenues generated by those services.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dick Lucier
Excavation, Frenchtown, Montana, who are engaged in employment
related to services provided to a linerboard manufacturer 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 Dick Lucier Excavation, Frenchtown,
Montana, who became totally or partially separated from
employment on or after May 11, 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 16th day of September, 2010.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance