DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,185

CBEAN TRANSPORT
FORT SMITH, ARKANSAS

TA-W-81,185A

CBEAN TRANSPORT
AMITY, ARKANSAS

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) 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;

(2) 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

(3) 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(c) of the Act, 19 U.S.C. § 2272(c), defines the
term “Supplier” as “a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm.”
The investigation was initiated in response to a worker
petition filed on December 22, 2011 on behalf of workers of
CBean Transport, Fork Smith and Amity, Arkansas. The workers’
firm was engaged in activities related to the supply of
warehousing and distribution services for their major
customer.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(b)(1) has been met because 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.
Section 222(b)(2) has been met because CBean Transport, is
a Supplier 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 is related to the
production of articles that were the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by CBean Transport with the firm that employed a
certified worker group contributed importantly to the workers’
separation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of CBean Transport, Fork
Smith and Amity, Arkansas, who were engaged in activities
related to the supply of warehousing and distribution services,
meet the worker group certification criteria under Section
222(b) of the Act, 19 U.S.C. § 2272(b). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:



“All workers of CBean Transport, Fork Smith (TA-W-81,185)
and Amity, Arkansas (TA-W-81,185A), who became totally or
partially separated from employment on or after February
13, 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 6th day of January, 2012

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