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TAW-83266  /  WW Metal Fab (Portland, OR)

Petitioner Type: Workers
Impact Date: 11/26/2012
Filed Date: 12/05/2013
Most Recent Update: 01/13/2014
Determination Date: 01/13/2014
Expiration Date: 01/13/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,266

WW METAL FAB
A SUBSIDIARY OF WW GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED UNDER XEN 2, INC.
MILWAUKIE, OREGON

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 January 13, 2014, applicable to workers
of WW Metal Fab, a subsidiary of WW Group, Inc., including on-
site leased workers from Aerotek, Milwaukee, Oregon. The
Department’s notice of determination was published in the
Federal Register on January 28, 2014 (79 FR 4503).
At the request of the 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 steel, aluminum and stainless fabrications.
New information shows that some workers separated from
employment at WW Metal Fab had their wages reported through a
separate unemployment insurance (UI) tax account under the name
Xen 2, Inc., Tualatin, Oregon which was the subject firm’s
Professional Employer Organization (PEO). Moreover, it was
revealed that the name of the city where WW Metal Fab is located
should read as Milwaukie in lieu of Milwaukee.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected as
the secondary components suppliers of steel, aluminum and
stainless fabrications.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-83,266 is hereby issued as
follows:













"All workers of WW Metal Fab, a subsidiary of WW Group,
Inc., including on-site leased workers from Aerotek,
Milwaukie, Oregon, including workers whose unemployment
insurance (UI) wages are reported through Xen 2, Inc.,
Tualatin, Oregon who became totally or partially separated
from employment on or after November 26, 2012, through
January 13, 2016, 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 26th day of February, 2014.

/s/ Hope D. Kinglock
__________________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,266

WW METAL FAB
A SUBSIDIARY OF WW GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
MILWAUKEE, OREGON

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 “Supplier” as “a firm that produces and supplies directly to
another firm component parts for articles, or services used in the
production of articles or in the supply of services, as the case
may be, that were the basis for a certification of eligibility
under subsection (a) [of Section 222 of the Act] of a group of
workers employed by such other firm.”
The investigation was initiated in response to a petition
filed on December 5, 2013 on behalf of workers of WW Metal Fab, a
subsidiary of WW Group, Inc., Milwaukee, Oregon. The workers’ firm
is engaged in activities related to the production of steel,
aluminum and stainless fabrications (i.e. vehicle components).
The worker group includes on-site leased workers from Aerotek.
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 WW Metal Fab is a
Supplier 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 is related to the finished
article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the steel,
aluminum and stainless fabrications produced by WW Metal Fab for
a firm that employed a certified worker group accounted for at
least 20 percent of the production or sales of WW Metal Fab.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of WW Metal Fab, a
subsidiary of WW Group, Inc., including on-site leased workers from
Aerotek, Milwaukee, Oregon, who are engaged in activities related
to the production of steel, aluminum and stainless fabrications
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 WW Metal Fab, a subsidiary of WW Group, Inc.,
including on-site leased workers from Aerotek, Milwaukee,
Oregon, who became totally or partially separated from
employment on or after November 26, 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 13th day of January, 2014.


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





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