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TAW-74569  /  Titus Transportation, LP (Denton, TX)

Petitioner Type: State
Impact Date: 08/24/2009
Filed Date: 08/30/2010
Most Recent Update: 09/28/2010
Determination Date: 09/28/2010
Expiration Date: 09/28/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,569

TITUS TRANSPORTATION, LP
DENTON, TEXAS

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 30, 2010 by a one-stop operator on behalf of
workers of Titus Transportation, LP, Denton, Texas. The subject
firm provides general freight trucking service. The
investigation revealed that workers of the subject firm meet
the criteria as suppliers for secondary worker certification.
Criterion I has been met because all workers at the
subject firm have become totally separated.
Criterion II has been met because workers of the subject
firm supplied general freight trucking service to a certified
Trade Adjustment Assistance firm that produced off-highway
trucks. The firm was certified on the basis of shift in
production of off-highway trucks, which the subject firm
hauled.
Criterion III has been met because the loss of business
by the subject firm with the TAA-certified firm contributed
importantly to the worker separations at subject firm
worksite.


















Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Titus Transportation,
LP, Denton, Texas, who are engaged in activities related to
general freight trucking service, 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 Titus Transportation, LP, Denton, Texas,
who became totally or partially separated from employment
on or after August 24, 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 September 2010


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