Petitioner Type: State
Impact Date: 02/11/2010
Filed Date: 02/14/2011
Most Recent Update: 04/13/2011
Determination Date: 04/13/2011
Expiration Date: 04/13/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,257
WALSH TRUCKING COMPANY
DILLARD, OREGON
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 February 14, 2011 by a State of Oregon Trade Adjustment
Assistance (TAA) Coordinator on behalf of workers of Walsh
Trucking Company, Dillard, Oregon (Walsh Trucking). Workers
supply transportation services. The worker group includes
drivers who may not be in Dillard, Oregon but report to the
Dillard, Oregon facility.
The investigation revealed that workers of Walsh Trucking
meet the criteria as a downstream producer for secondary
worker certification.
Criterion I has been met because a significant number or
proportion of workers at Walsh Trucking have become totally or
partially separated, or threatened with such separation.
Criterion II has been met because Walsh Trucking supplied
value-added transportation services to a firm that employed a
worker group eligible to apply for TAA and the services
supplied were related to the production of the article that
was the basis for the certification.
Criterion III has been met because the loss of business
by Walsh Trucking with the afore-mentioned firm contributed
importantly to the worker separations at Walsh Trucking
Corporation, Dillard, Oregon.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Walsh Trucking
Corporation, Dillard, Oregon, who are engaged in activities
related to the supply of transportation services, meet the
worker group certification criteria under Section 222(c) of the
Act, 19 U.S.C. § 2272(c). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Walsh Trucking Corporation, Dillard,
Oregon, who became totally or partially separated from
employment on or after February 11, 2010 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 13th day of April, 2011
/s/Del Min Amy Chen__________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-75,257
WALSH TRUCKING COMPANY
DILLARD, OREGON
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 February 14, 2011 by a State of Oregon Trade Adjustment
Assistance (TAA) Coordinator on behalf of workers of Walsh
Trucking Company, Dillard, Oregon (Walsh Trucking). Workers
supply transportation services. The worker group includes
drivers who may not be in Dillard, Oregon but report to the
Dillard, Oregon facility.
The investigation revealed that workers of Walsh Trucking
meet the criteria as a downstream producer for secondary
worker certification.
Criterion I has been met because a significant number or
proportion of workers at Walsh Trucking have become totally or
partially separated, or threatened with such separation.
Criterion II has been met because Walsh Trucking supplied
value-added transportation services to a firm that employed a
worker group eligible to apply for TAA and the services
supplied were related to the production of the article that
was the basis for the certification.
Criterion III has been met because the loss of business
by Walsh Trucking with the afore-mentioned firm contributed
importantly to the worker separations at Walsh Trucking
Corporation, Dillard, Oregon.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Walsh Trucking
Corporation, Dillard, Oregon, who are engaged in activities
related to the supply of transportation services, meet the
worker group certification criteria under Section 222(c) of the
Act, 19 U.S.C. § 2272(c). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Walsh Trucking Corporation, Dillard,
Oregon, who became totally or partially separated from
employment on or after February 11, 2010 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 13th day of April, 2011
/s/Del Min Amy Chen__________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance