Petitioner Type: Union
Impact Date: 08/07/2011
Filed Date: 08/09/2012
Most Recent Update: 09/25/2012
Determination Date: 09/25/2012
Expiration Date: 09/25/2014
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,879
RG STEEL WHEELING, LLC
A DIVISION OF RG STEEL, LLC
DOING BUSINESS AS WHEELING CORRUGATING COMPANY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
SEVERSTAL WHEELING
BEECH BOTTOM, WEST VIRGINIA
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 September 25, 2012, applicable to workers of RG
Steel Wheeling, LLC, a division of RG Steel, LLC, doing business
as Wheeling Corrugating Company, Beech Bottom, West Virginia. The
Department’s notice of determination was published in the Federal
Register on October 12, 2012 (77 FR 62262).
At the request of a state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
roof and floor decks.
New information shows that some workers separated from
employment at RG Steel Wheeling, LLC had their wages reported
through a separate unemployment insurance (UI) tax account under
the name Severstal Wheeling, a former owner of the workers’ firm.
The intent of the Department’s certification is to include
all workers of the subject firm who meet the worker group
certification criteria under Section 222(b) of the Act, 19 U.S.C.
§ 2272(b).
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-81,879 is hereby issued as
follows:
"All workers of RG Steel Wheeling, LLC, a division of RG
Steel, LLC, doing business as Wheeling Corrugating Company,
Beech Bottom, West Virginia, including workers whose
unemployment insurance (UI) wages are reported through
Severstal Wheeling who became totally or partially separated
from who became totally or partially separated from
employment on or after August 7, 2011, through September 25,
2014, and all workers in the group threatened with total or
partial separation from employment on 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 1st day of November, 2012.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,879
RG STEEL WHEELING, LLC
A DIVISION OF RG STEEL, LLC
DOING BUSINESS AS WHEELING CORRUGATING COMPANY
BEECH BOTTOM, WEST VIRGINIA
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 “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 August 9, 2012 by the United Steelworkers (USW), Local
1238-1 on behalf of workers of RG Steel Wheeling, LLC, a division
of RG Steel, LLC, doing business as Wheeling Corrugating Company,
Beech Bottom, Virginia (Wheeling Corrugating Company). The
workers’ firm was engaged in activities related to the production
of roof and floor deck for use in the agricultural, construction,
residential, and bridge deck markets.
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 workers of Wheeling
Corrugating Company is a Downstream Producer to a firm (or
subdivision, whichever is applicable) 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 production is
related to the actual finished article that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of business
by Wheeling Corrugating Company with the aforementioned firm
contributed importantly to worker separations at Wheeling
Corrugating Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of RG Steel Wheeling, LLC,
a division of RG Steel, LLC, doing business as Wheeling Corrugating
Company, Beech Bottom, Virginia, who are engaged in activities
related to the production of roof and floor decks 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 RG Steel Wheeling, LLC, a division of RG
Steel, LLC, doing business as Wheeling Corrugating Company,
Beech Bottom, Virginia, who became totally or partially
separated from employment on or after August 7, 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 25th day of September, 2012.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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Employment and Training Administration
TA-W-81,879
RG STEEL WHEELING, LLC
A DIVISION OF RG STEEL, LLC
DOING BUSINESS AS WHEELING CORRUGATING COMPANY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
SEVERSTAL WHEELING
BEECH BOTTOM, WEST VIRGINIA
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 September 25, 2012, applicable to workers of RG
Steel Wheeling, LLC, a division of RG Steel, LLC, doing business
as Wheeling Corrugating Company, Beech Bottom, West Virginia. The
Department’s notice of determination was published in the Federal
Register on October 12, 2012 (77 FR 62262).
At the request of a state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
roof and floor decks.
New information shows that some workers separated from
employment at RG Steel Wheeling, LLC had their wages reported
through a separate unemployment insurance (UI) tax account under
the name Severstal Wheeling, a former owner of the workers’ firm.
The intent of the Department’s certification is to include
all workers of the subject firm who meet the worker group
certification criteria under Section 222(b) of the Act, 19 U.S.C.
§ 2272(b).
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-81,879 is hereby issued as
follows:
"All workers of RG Steel Wheeling, LLC, a division of RG
Steel, LLC, doing business as Wheeling Corrugating Company,
Beech Bottom, West Virginia, including workers whose
unemployment insurance (UI) wages are reported through
Severstal Wheeling who became totally or partially separated
from who became totally or partially separated from
employment on or after August 7, 2011, through September 25,
2014, and all workers in the group threatened with total or
partial separation from employment on 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 1st day of November, 2012.
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,879
RG STEEL WHEELING, LLC
A DIVISION OF RG STEEL, LLC
DOING BUSINESS AS WHEELING CORRUGATING COMPANY
BEECH BOTTOM, WEST VIRGINIA
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 “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 August 9, 2012 by the United Steelworkers (USW), Local
1238-1 on behalf of workers of RG Steel Wheeling, LLC, a division
of RG Steel, LLC, doing business as Wheeling Corrugating Company,
Beech Bottom, Virginia (Wheeling Corrugating Company). The
workers’ firm was engaged in activities related to the production
of roof and floor deck for use in the agricultural, construction,
residential, and bridge deck markets.
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 workers of Wheeling
Corrugating Company is a Downstream Producer to a firm (or
subdivision, whichever is applicable) 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 production is
related to the actual finished article that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of business
by Wheeling Corrugating Company with the aforementioned firm
contributed importantly to worker separations at Wheeling
Corrugating Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of RG Steel Wheeling, LLC,
a division of RG Steel, LLC, doing business as Wheeling Corrugating
Company, Beech Bottom, Virginia, who are engaged in activities
related to the production of roof and floor decks 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 RG Steel Wheeling, LLC, a division of RG
Steel, LLC, doing business as Wheeling Corrugating Company,
Beech Bottom, Virginia, who became totally or partially
separated from employment on or after August 7, 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 25th day of September, 2012.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
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