Certified
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TAW-82587  /  McConway & Torley, LLC (Kutztown, PA)

Petitioner Type: Union
Impact Date: 03/21/2012
Filed Date: 03/22/2013
Most Recent Update: 06/25/2013
Determination Date: 06/25/2013
Expiration Date: 06/25/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,587

MCCONWAY & TORLEY, LLC
A SUBSIDIARY OF TRINITY PARTS & COMPONENTS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM TEMPSTAR STAFFING
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED THROUGH TRINITY INDUSTRIES, INC.
KUTZTOWN, 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:
(1) 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; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on March 22, 2013 by American Federation of Labor and
Congress of Industrial Organizations (AFL-CIO), Local 361 on
behalf of workers of McConway & Torley, LLC, a subsidiary of
Trinity Parts & Components, LLC, including workers whose
unemployment insurance (UI) wages were reported through
Trinity Industries, Inc., Kutztown, Pennsylvania. The workers'
firm is engaged in activities related to the production of steel
ingots, large castings, and finishing of railcar couplers. The
subject worker group includes on-site leased workers from
TempStar Staffing.
During the course of the investigation, information was
collected from the workers' firm and the firm's customers.
Section 222(a)(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(a)(2)(A)(i) has been met because the sales
and production of steel ingots, large castings, and finishing of
railcar couplers by McConway & Torley have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because customers'
reliance on imports of articles like or directly competitive
with the article produced by McConway & Torley have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customers' reliance on imports contributed
importantly to the worker group separations and
sales/production declines at McConway & Torley.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of McConway & Torley,
LLC, a subsidiary of Trinity Parts & Components, LLC,
including on-site leased workers from TempStar Staffing,
including workers whose unemployment insurance (UI) wages were
reported through Trinity Industries, Inc., Kutztown,
Pennsylvania, who are engaged in activities related to the
production of steel ingots, large castings, and finishing of
railcar couplers 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 McConway & Torley, LLC, a subsidiary of
Trinity Parts & Components, LLC, including on-site leased
workers from TempStar Staffing, including workers whose
unemployment insurance (UI) wages were reported through
Trinity Industries, Inc., Kutztown, Pennsylvania, who
became totally or partially separated from employment on or
after March 21, 2012 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 June, 2013.

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