DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,638

WESTERN REFINING YORKTOWN, INC.
INCLUDING ON-SITE LEASED WORKERS FROM HEADWAY STAFFING
GRAFTON, VIRGINIA

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 September 20, 2010 by a company official on behalf of
workers of Western Refining Yorktown, Inc., Grafton, Virginia.
The worker group includes on-site leased workers from Headway
Staffing. The workers were engaged in activities related to
production of gasoline, diesel and fuel oil.
The investigation revealed that workers of Western Refining
Yorktown, Inc., who were engaged in activities related to
production of gasoline, diesel and fuel oil, meet the criteria
for certification.
Section 222(a)(1) has been met because a significant
proportion of the workers at the workers' firm have been
separated during the relevant period and further separations
are threatened.
Section 222(a)(2)(A)(i) has been met because the sales
and production of gasoline, diesel and fuel oil by Western
Refining Yorktown, Inc., have decreased absolutely during the
relevant period.






Section 222(a)(2)(A)(ii) has been met because U.S.
aggregate imports of articles like or directly competitive
with the gasoline, diesel and fuel oil produced by Western
Refining Yorktown, Inc. have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased U.S. aggregate imports contributed importantly
to the worker group separations and sales/production declines
at the Grafton, Virginia facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Western Refining
Yorktown, Inc., including on-site leased workers from Headway
Staffing, Grafton, Virginia, who were engaged in activities
related to production of gasoline, diesel and fuel oil, 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 Western Refining Yorktown, Inc., including
on-site leased workers from Headway Staffing, Grafton,
Virginia, who became totally or partially separated from
employment on or after September 10, 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 26th day of November, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance