Certified
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TAW-82908  /  Joy Technologies, LLC (Franklin, PA)

Petitioner Type: Union
Impact Date: 07/15/2012
Filed Date: 07/16/2013
Most Recent Update: 11/26/2013
Determination Date: 11/26/2013
Expiration Date: 11/26/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,908

JOY TECHNOLOGIES, LLC
A SUBSIDIARY OF JOY GLOBAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ALL SEASONS TEMPORARIES, INC. AND MANPOWER, INC.
FRANKLIN, 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 July 16, 2013 by the International Association of
Machinists and Aerospace Workers (IAMAW), District Lodge 98,
on behalf of workers of Joy Technologies, LLC, a subsidiary of
Joy Global, Inc., Franklin, Pennsylvania. The workers' firm is
engaged in activities related to the production of underground
mining machines and components. Workers are not separately
identifiable. The subject worker group is comprised of on-site
leased workers from All Seasons Temporaries, Inc. and Manpower,
Inc.
During the course of the investigation, information was
collected from the workers' firm and their major declining
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 underground mining machines and components by
Joy Technologies, LLC 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 Joy Technologies, LLC have increased.
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 Joy
Technologies, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Joy Technologies,
LLC, a subsidiary of Joy Global, Inc., including on-site leased
workers from All Seasons Temporaries, Inc. and Manpower, Inc.,
Franklin, Pennsylvania, who are engaged in activities related to
the production of underground mining machines and components
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 Joy Technologies, LLC, a subsidiary of Joy
Global, Inc., including on-site leased workers from All
Seasons Temporaries, Inc. and Manpower, Inc., Franklin,
Pennsylvania, who became totally or partially separated
from employment on or after July 15, 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 26th day of November, 2013.


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