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TAW-74880  /  Lafarge North America, Inc. (Seattle, WA)

Petitioner Type: Union
Impact Date: 11/10/2009
Filed Date: 11/16/2010
Most Recent Update: 11/30/2010
Determination Date: 11/30/2010
Expiration Date: 11/30/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,880

LAFARGE NORTH AMERICA, INC.
A SUBSIDIARY OF LAFARGE
INCLUDING ON-SITE LEASED WORKERS FROM
INDUSTRIAL SERVICES, INCORPORATED AND
SUMMIT BUILDING MAINTENANCE
SEATTLE, WASHINGTON

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on November 30, 2010, applicable to workers of Lafarge
North America, Inc., a subsidiary of Lafarge, Seattle,
Washington. The workers produce cement and cementitious products.
The notice was published in the Federal Register on December 13,
2010 (75 FR 77668).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The company
reports that workers leased from Industrial Services,
Incorporated and Summit Building Maintenance were employed on-
site at the Seattle, Washington location of Lafarge North
America, Inc., a subsidiary of Lafarge. The Department has
determined that these workers were sufficiently under the control
of Lafarge North America, Inc., a subsidiary of Lafarge to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Industrial Services,
Incorporated and Summit Building Maintenance working on-site at
the Seattle, Washington location of Lafarge North America, Inc.,
a subsidiary of Lafarge.
The amended notice applicable to TA-W-74,880 is hereby
issued as follows:
"All workers of Lafarge North America, Inc., a
subsidiary of Lafarge, including on-site leased workers
from Industrial Services, Incorporated and Summit
Building Maintenance, Seattle, Washington, who became
totally or partially separated from employment on or
after November 10, 2009, through November 30, 2012, 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 15th day of March, 2011

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,880

LAFARGE NORTH AMERICA, INC.
A SUBSIDIARY OF LAFARGE
SEATTLE, WASHINGTON

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 November 11, 2010, by the International Brotherhood of
Boilermakers on behalf of workers of Lafarge North America, Inc.,
a subsidiary of Lafarge, Seattle, Washington. The workers
produce cement and cementitious products.
The investigation revealed that workers of Lafarge North
America, Inc., who are engaged in employment related to
production of cement and cementitious products, meet the criteria
for certification.
Criterion I has been met because a significant proportion of
the workers have been separated during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift of cement and
cementitious products to a foreign country by Lafarge North
America, Inc. contributed importantly to worker group separations
at the Seattle, Washington facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Lafarge North America,
Inc., a subsidiary of Lafarge, Seattle, Washington, who are
engaged in employment related to production of cement and
cementitious products, 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 Lafarge North America, Inc., a subsidiary of
Lafarge, Seattle, Washington, who became totally or partially
separated from employment on or after November 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 30th day of November, 2010

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



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