DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,241

CATERPILLAR, INC.
INTEGRATED MANUFACTURING OPERATIONS DIVISION (IMOD)
INCLUDING ON-SITE LEASED WORKERS FROM GUARDSMARK AND ARAMARK
SOUTH MILWAUKEE, WISCONSIN

TA-W-83,241A

CATERPILLAR, INC.
INTEGRATED MANUFACTURING OPERATIONS DIVISION (IMOD)
MILWAUKEE, WISCONSIN

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased.
(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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be 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
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on November 25, 2013 by three workers on behalf of
workers of Caterpillar, Inc., Integrated Manufacturing
Operations Division, South Milwaukee, Wisconsin (TA-W-83,241)
and Caterpillar, Inc., Integrated Manufacturing Operations
Division, Milwaukee, Wisconsin (TA-W-83,241A). The worker
group includes on-site leased workers at the South Milwaukee,
Wisconsin (TA-W-83,241) facility from Guardsmark and Aramark.
The workers' firm is engaged in activities related to the
production of electric and hydraulic mining shovels.
The petitioners alleged that they were impacted by foreign
competition and a Chinese competitor, resulting in layoffs in
2013. During the course of the investigation, information was
collected from the workers' firm and major declining domestic
customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that the firm did not increase
imports of electric and hydraulic mining shovels or a like or
directly competitive article. The Department also surveyed the
firm's major declining customers of electric and hydraulic
mining shovels modules during 2012 and 2013. The survey revealed
that customer imports of articles like or directly competitive
with electric and hydraulic mining shovels have not increased.
Rather, the investigation confirmed that the worker
separations are attributable to a loss of sales to foreign
customers.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of articles like or directly competitive with
electric and hydraulic mining shovels to a foreign country or
acquire like or directly competitive articles from a foreign
country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Caterpillar, Inc. is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because the workers'
firm has not been publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in an affirmative finding
of serious injury, market disruption, or material injury, or
threat thereof.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Caterpillar, Inc.,
Integrated Manufacturing Operations Division, including on-
site leased workers from Guardsmark and Aramark, South
Milwaukee, Wisconsin (TA-W-83,241) and Caterpillar, Inc.,
Integrated Manufacturing Operations Division, Milwaukee,
Wisconsin (TA-W-83,241A) engaged in activities related to the
production of electric and hydraulic mining shovels to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 21st day of April 2014.
/s/Michael W. Jaffe
___________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance