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TAW-75067A  /  JLG Industries, Inc. (Hagerstown, MD)

Petitioner Type: Workers
Impact Date: 01/03/2011
Filed Date: 01/04/2011
Most Recent Update: 03/09/2011
Determination Date: 03/09/2011
Expiration Date: 03/09/2013

Other Worker Groups on This Petition
Corrected: July 15, 2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,067

JLG INDUSTRIES, INC.
ACCESS SEGMENT
A SUBSIDIARY OF OSHKOSH CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
MCCONNELLSBURG, PENNSYLVANIA

TA-W-75,067A

JLG INDUSTRIES, INC.
ACCESS DIVISION
A SUBSIDIARY OF OSHKOSH CORPORATION
HAGERSTOWN, MARYLAND

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 March 9, 2011, applicable to workers and former
workers of JLG Industries, Inc., Access Segment, a subsidiary of
Oshkosh Corporation, including on-site leased workers of Aerotek,
McConnellsburg, Pennsylvania (JLG-McConnellsburg). The workers
produce access equipment. The Department’s Notice was published
in the Federal Register on March 23, 2011 (76 FR 16449).
At the request of a worker separated from the Hagerstown,
Maryland facility, the Department reviewed the certification for
workers of JLG-McConnellsburg.
New information supplied by the workers and confirmed by JLG
Industries, Inc. revealed that the Hagerstown, Maryland facility
operated in conjunction with JLG-McConnellsburg in the production
of access equipment and supplied design engineering, global
procurement supply chain, safety, and reliability services used
in the production of equipment at JLG-McConnellsburg.
Based on these findings, the Department is amending this
certification to properly reflect these matters.
The amended notice applicable to TA-W-75,067 is hereby
issued as follows:
“All workers of JLG Industries, Inc., Access Segment, a
subsidiary of Oshkosh Corporation, including on-site leased
workers from Aerotek, McConnellsburg, Pennsylvania (TA-W-
75,067), who became totally or partially separated from
employment on or after January 3, 2011, through March 9, 2013,
and all workers in the group threatened with total or partial
separation from employment on March 9, 2011 through March 9,
2013, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as amended;
and all workers of JLG Industries, Inc., Access Division, a
subsidiary of Oshkosh Corporation, Hagerstown, Maryland (TA-W-
75,067A), who became totally or partially separated from
employment on or after January 3, 2009, through March 9, 2013,
and all workers in the group threatened with total or partial
separation from employment on March 9, 2011 through March 9,
2013, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 11th day of July, 2011

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,067

JLG INDUSTRIES, INC.
ACCESS SEGMENT
A SUBSIDIARY OF OSHKOSH CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
MCCONNELLSBURG, 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. (Set forth in 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 January 4, 2011 on behalf of workers of JLG Industries,
Inc., Access Segment, a subsidiary of Oshkosh Corporation,
McConnellsburg, Pennsylvania (JLG McConnellsburg). The workers are
engaged in activities related to the production of access
equipment. The investigation revealed that the worker group at the
subject firm includes on-site leased workers from Aerotek.
The worker group, JLG McConnellsburg, was covered by an
existing certification (TA-W-63,989) which expired on January 2,
2011.
The investigation revealed that workers of JLG McConnellsburg,
who are engaged in activities related to production of access
equipment, meet the criteria for certification.
Criterion I has been met because a significant proportion of
workers in the workers’ firm have become totally or partially
separated or are threatened with total or partial separation.
Criterion II has been satisfied because there has been a
shift in production of access equipment by JLG McConnellsburg to a
foreign country.
Criterion III has been met because the shift in production of
access equipment by JLG McConnellsburg contributed importantly to
worker group separations at JLG McConnellsburg.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JLG Industries, Inc.,
Access Segment, a subsidiary of Oshkosh Corporation, including on-
site leased workers from Aerotek, McConnellsburg, Pennsylvania, who
are engaged in activities related to production of access
equipment, 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 JLG Industries, Inc., Access Segment, a
subsidiary of Oshkosh Corporation, including on-site leased
workers from Aerotek, McConnellsburg, Pennsylvania, who became
totally or partially separated from employment on or after
January 3, 2011, 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 9th day of March, 2011


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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,067

JLG INDUSTRIES, INC.
ACCESS SEGMENT
A SUBSIDIARY OF OSHKOSH CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
MCCONNELLSBURG, PENNSYLVANIA

TA-W-75,076A

JLG INDUSTRIES, INC.
ACCESS DIVISION
A SUBSIDIARY OF OSHKOSH CORPORATION
HAGERSTOWN, MARYLAND

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 March 9, 2011, applicable to workers and former
workers of JLG Industries, Inc., Access Segment, a subsidiary of
Oshkosh Corporation, including on-site leased workers of Aerotek,
McConnellsburg, Pennsylvania (JLG-McConnellsburg). The workers
produce access equipment. The Department’s Notice was published
in the Federal Register on March 23, 2011 (76 FR 16449).
At the request of a worker separated from the Hagerstown,
Maryland facility, the Department reviewed the certification for
workers of JLG-McConnellsburg.
New information supplied by the workers and confirmed by JLG
Industries, Inc. revealed that the Hagerstown, Maryland facility
operated in conjunction with JLG-McConnellsburg in the production
of access equipment and supplied design engineering, global
procurement supply chain, safety, and reliability services used
in the production of equipment at JLG-McConnellsburg.
Based on these findings, the Department is amending this
certification to properly reflect these matters.
The amended notice applicable to TA-W-75,067 is hereby
issued as follows:
“All workers of JLG Industries, Inc., Access Segment, a
subsidiary of Oshkosh Corporation, including on-site leased
workers from Aerotek, McConnellsburg, Pennsylvania (TA-W-
75,067) and JLG Industries, Inc., Access Division, a
subsidiary of Oshkosh Corporation, Hagerstown, Maryland (TA-W-
75,067A), who became totally or partially separated from
employment on or after January 3, 2011, through March 9, 2013,


and all workers in the group threatened with total or partial
separation from employment on March 9, 2011 through March 9,
2013, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 11th day of July, 2011

/s/ Del Min Amy Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance

4510-FN-P




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