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TAW-82671  /  Johnstown Specialty Castings, Inc. (Johnstown, PA)

Petitioner Type: Company
Impact Date: 04/17/2012
Filed Date: 04/18/2013
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-82,671

JOHNSTOWN SPECIALTY CASTINGS INC.
A SUBSIDIARY OF WHEMCO
INCLUDING ON-SITE LEASED WORKERS FROM
BERKEBILE EXCAVATING COMPANY, INC.
JOHNSTOWN, PENNSYLVANIA

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 June 25, 2013, applicable to workers of
Johnstown Specialty Castings, Inc., a subsidiary of WHEMCO,
Johnstown, Pennsylvania. The Department’s notice of
determination was published in the Federal Register on July 12,
2013 (Volume 78 FR page 41956).
At the request of three workers, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in production of rolling mill rolls.
New information from the company revealed that workers
leased from Berkebile Excavating Company, Inc. were employed on-
site at the Johnstown, Pennsylvania location of Johnstown
Specialty Castings, Inc., a subsidiary of WHEMCO. The Department
has determined that these workers were sufficiently under the
control of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include
all workers of the firm who were adversely affected by increased
imports of articles like or directly competitive with rolling
mill rolls. Based on these findings, the Department is amending
this certification to include workers leased from Berkebile
Excavating Company, Inc. working on-site at the Johnstown,
Pennsylvania location of Johnstown Specialty Castings, Inc.
The amended notice applicable to TA-W-82,671 is hereby
issued as follows:
"All workers of Berkebile Excavating Company, Inc.,
reporting to Johnstown Specialty Castings, Inc., a
subsidiary of WHEMCO, Johnstown, Pennsylvania, who
became totally or partially separated from employment
on or after April 17, 2012, through June 25, 2015, 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 27th day of November, 2013.

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,671

JOHNSTOWN SPECIALTY CASTINGS INC.
A SUBSIDIARY OF WHEMCO
JOHNSTOWN, 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 April 18, 2013 by a company official on behalf of workers
of Johnstown Specialty Castings Inc., a subsidiary of WHEMCO,
Johnstown, Pennsylvania. The workers’ firm is engaged in
activities related to production of rolling mill rolls.
During the course of the investigation, information was
collected from the workers’ firm.
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/or production of rolling mill rolls by Johnstown Specialty
Castings Inc., a subsidiary of WHEMCO, Johnstown, Pennsylvania have
decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
articles produced by Johnstown Specialty Castings Inc., a
subsidiary of WHEMCO, Johnstown, Pennsylvania have increased. The
Department surveyed the subject firm’s major declining customers
regarding purchases of rolling mill rolls in 2011, 2012 and January
through March 2013. The survey revealed increased imports of
rolling mill rolls during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the worker
group separations and sales/production declines at Johnstown
Specialty Castings Inc., a subsidiary of WHEMCO, Johnstown,
Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Johnstown Specialty
Castings Inc., a subsidiary of WHEMCO, Johnstown, Pennsylvania, who
are engaged in activities related to the production of rolling mill
rolls 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 Johnstown Specialty Castings Inc., a
subsidiary of WHEMCO, Johnstown, Pennsylvania, who became
totally or partially separated from employment on or after
April 17, 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





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