Petitioner Type: Union
Impact Date: 08/31/2009
Filed Date: 09/03/2010
Most Recent Update: 12/17/2010
Determination Date: 12/17/2010
Expiration Date: 12/17/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,582
ACF INDUSTRIES, LLC
INCLUDING ON-SITE LEASED WORKERS FROM WORKFORCE TEMPS
MILTON, PENNSYLVANIA
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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on September 3, 2010 by the United Steel Workers, Local
1928, on behalf of workers of ACF Industries, LLC, Milton,
Pennsylvania (AFC Industries). The workers are engaged in
activities related to the production of railcars and railcar
parts, and are not separately identifiable by product line. The
worker group includes on-site leased workers from Workforce
Temps.
The investigation revealed that workers of ACF Industries,
who are engaged in employment related to the production of
railcars and railcar parts, meet the criteria for
certification.
Criterion I has been met because at least five percent of
the workers at ACF Industries have become totally or partially
separated from employment, or threatened with such separation,
during the relevant period.
Criterion II has been met because the "successor in
interest" firm undertaking the production of the railcar and
railcar parts produced by ACF Industries has shifted to a
foreign country the production of articles like or directly
competitive with the articles produced by ACF Industries.
Criterion III has been met because the shift in
production of railcars and railcar parts to Mexico contributed
importantly to the worker separations (actual and/or
threatened) at the Milton, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ACF Industries, LLC,
including on-site leased workers from Workforce Temps, Milton,
Pennsylvania, who are engaged in employment related to the
production of railcars and railcar parts, 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 ACF Industries, LLC, including on-site
leased workers from Workforce Temps, Milton, Pennsylvania,
who became totally or partially separated from employment
on or after August 31, 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 17th day of December, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,582
ACF INDUSTRIES, LLC
INCLUDING ON-SITE LEASED WORKERS FROM WORKFORCE TEMPS
MILTON, PENNSYLVANIA
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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on September 3, 2010 by the United Steel Workers, Local
1928, on behalf of workers of ACF Industries, LLC, Milton,
Pennsylvania (AFC Industries). The workers are engaged in
activities related to the production of railcars and railcar
parts, and are not separately identifiable by product line. The
worker group includes on-site leased workers from Workforce
Temps.
The investigation revealed that workers of ACF Industries,
who are engaged in employment related to the production of
railcars and railcar parts, meet the criteria for
certification.
Criterion I has been met because at least five percent of
the workers at ACF Industries have become totally or partially
separated from employment, or threatened with such separation,
during the relevant period.
Criterion II has been met because the "successor in
interest" firm undertaking the production of the railcar and
railcar parts produced by ACF Industries has shifted to a
foreign country the production of articles like or directly
competitive with the articles produced by ACF Industries.
Criterion III has been met because the shift in
production of railcars and railcar parts to Mexico contributed
importantly to the worker separations (actual and/or
threatened) at the Milton, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ACF Industries, LLC,
including on-site leased workers from Workforce Temps, Milton,
Pennsylvania, who are engaged in employment related to the
production of railcars and railcar parts, 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 ACF Industries, LLC, including on-site
leased workers from Workforce Temps, Milton, Pennsylvania,
who became totally or partially separated from employment
on or after August 31, 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 17th day of December, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance