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TAW-74498A  /  Holcim (US), Inc. (Elmira, MI)

Petitioner Type: State
Impact Date: 07/08/2009
Filed Date: 08/11/2010
Most Recent Update: 09/16/2010
Determination Date: 09/16/2010
Expiration Date: 09/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,498

HOLCIM (US), INC.
NORTH REGION TERMINAL OPERATIONS DIVISION
DETROIT TERMINAL
DETROIT, MICHIGAN

TA-W-74,498A
HOLCIM (US), INC.
NORTH REGION TERMINAL OPERATIONS DIVISION
ELMIRA TERMINAL
ELMIRA, MICHIGAN

TA-W-74,498B
HOLCIM (US), INC.
NORTH REGION TERMINAL OPERATIONS DIVISION
GRANDVILLE TERMINAL
GRANDVILLE, MICHIGAN

TA-W-74,498C
HOLCIM (US), INC.
NORTH REGION TERMINAL OPERATIONS DIVISION
CINCINNATI RIVER TERMINAL
CINCINNATI, OHIO

TA-W-74,498D
HOLCIM (US), INC.
NORTH REGION TERMINAL OPERATIONS DIVISION
CHICAGO SUMMIT TERMINAL
SUMMIT, 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(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 August 11, 2010 by a Michigan state workforce official
on behalf of workers of Holcim (US), Inc., North Region
Terminal Operations Division, five separate facilities:
Detroit Terminal, Detroit, Michigan (TA-W-74,498); Elmira
Terminal, Elmira, Michigan (TA-W-74,498A); Grandville
Terminal, Grandville, Michigan (TA-W-74,498B); Cincinnati
River Terminal, Cincinnati, Ohio (TA-W-74,498C); and Chicago
Summit Terminal, Summit, Illinois (TA-W-74,498D). The workers
provide cement distribution services.
The investigation revealed that workers of Holcim (US),
Inc. who are engaged in employment related to cement
distribution 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 over the relevant period, or are
threatened with separation.
Criterion II has been met because workers of Holcim (US),
Inc. provide cement distribution services for a firm that
employed a worker group who is covered by an active
certification and the cement distribution services were
related to the article that was the basis of the firm's
certification. Specifically, Holcim (US) operated a cement
production plant in Dundee, Michigan, from which the five
relevant terminals received their cement for distribution. The
Dundee plant is covered under an active certification, TA-W-
70,612, based on a shift in production to Canada.
Criterion III has been met because the loss of business
by Holcim (US), Inc. with the TAA-certified firm contributed
importantly to the worker separations at Holcim (US), Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Holcim (US), Inc.,
North Region Terminal Operations Division, five separate
facilities: Detroit Terminal, Detroit, Michigan (TA-W-74,498);
Elmira Terminal, Elmira, Michigan (TA-W-74,498A); Grandville
Terminal, Grandville, Michigan (TA-W-74,498B); Cincinnati
River Terminal, Cincinnati, Ohio (TA-W-74,498C); and Chicago
Summit Terminal, Summit, Illinois (TA-W-74,498D), who are
engaged in employment related to cement distribution 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 Holcim (US), Inc., North Region Terminal
Operations Division, five separate facilities: Detroit
Terminal, Detroit, Michigan (TA-W-74,498); Elmira
Terminal, Elmira, Michigan (TA-W-74,498A); Grandville
Terminal, Grandville, Michigan (TA-W-74,498B); Cincinnati
River Terminal, Cincinnati, Ohio (TA-W-74,498C); and
Chicago Summit Terminal, Summit, Illinois (TA-W-74,498D),
who became totally or partially separated from employment
on or after July 8, 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