DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,859

PBS COALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
DAVID STANLEY CONSULTANTS AND STRATA MINE SERVICES, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED THROUGH ROXCOAL, INC.
FRIEDENS, 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(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 petition
filed on August 6, 2012 on behalf of workers of PBS Coals, Inc.,
Friedens, Pennsylvania (PBS Coals, Inc.). The workers' firm is
engaged in activities related to the production of coal. The
worker group includes on-site leased workers from David Stanley
Consultants LLC and Strata Mine Services, Inc. The worker group
is also comprised of workers whose unemployment insurance (UI)
wages were reported through RoxCoal, Inc.
During the course of the investigation, information was
collected from the workers' firm and its major declining
customers.
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 PBS Coals, Inc. 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 article
that was the basis for such certification.
Section 222(b)(3)(A) has been met because the loss of
business by PBS Coals, Inc. with the firm that employed a
certified worker group contributed importantly to worker
separations at PBS Coals, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of PBS Coals, Inc.,
including on-site leased workers from David Stanley Consultants
LLC and Strata Mine Services, Inc. and workers whose unemployment
insurance (UI) wages were reported through RoxCoal, Inc.,
Friedens, Pennsylvania, who are engaged in activities related to
the production of coal 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 PBS Coals, Inc., including on-site leased
workers from David Stanley Consultants LLC and Strata Mine
Services, Inc. and workers whose unemployment insurance (UI)
wages were reported through RoxCoal, Inc., Friedens,
Pennsylvania, who became totally or partially separated from
employment on or after August 6, 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 16th day of October, 2012.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance