DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,321

LATA ENVIRONMENTAL SERVICES OF KENTUCKY, LLC
A WHOLLY OWNED SUBSIDIRY OF
LOS ALAMOS TECHNICAL ASSOCIATES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM BABCOCK & WILCOX TECHNICAL SERVICES GROUP AND S.M. STOLLER CORPORATION
KEVIL, KENTUCKY

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 11, 2014, applicable to workers of LATA Environmental Services of Kentucky, LLC, a wholly owned subsidiary of Los Alamos Technical Associates, Inc., Kevil, Kentucky. The Department’s notice of determination was published in the Federal Register on June 30, 2014 (79 FR 36827).
At the request of a former worker, the Department reviewed the certification for workers of the subject firm and the allegation that the worker group included on-site leased workers. The subject firm confirmed that workers leased from Babcock & Wilcox Technical Services Group and S.M. Stoller Corporation were employed on-site at the subject firm. The workers were engaged in environmental remediation services. The Department has determined that these workers were sufficiently under the control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this certification to include workers leased from Babcock & Wilcox Technical Services Group and S.M. Stoller Corporation working on-site at LATA Environmental Services of Kentucky, LLC, a wholly owned subsidiary of Los Alamos Technical Associates, Inc., Kevil, Kentucky.
The amended notice applicable to TA-W-83,321 is hereby issued as follows:
"All workers of Babcock & Wilcox Technical Services Group and S.M. Stoller Corporation, reporting to LATA Environmental Services of Kentucky, LLC, a wholly owned subsidiary of Los Alamos Technical Associates, Inc., Kevil, Kentucky, who became totally or partially separated from employment on or after December 20, 2012 through June 11, 2016, 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 10th day of September, 2014

/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-83,321

LATA ENVIRONMENTAL SERVICES OF KENTUCKY, LLC
A WHOLLY OWNED SUBSIDIRY OF
LOS ALAMOS TECHNICAL ASSOCIATES, INC.
KEVIL, KENTUCKY


Notice of Revised Determination
on Reconsideration

On January 24, 2014, the Department of Labor issued a Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance applicable to workers and former workers of LATA Environmental Services of Kentucky, LLC, a wholly owned subsidiary of Los Alamos Technical Associates, Inc., Kevil, Kentucky (subject firm). The Department’s Notice was published in the Federal Register on February 12, 2014 (79 FR 8508). Workers at the subject firm were engaged in employment related to the supply of environmental remediation services. The worker group does not include on-site leased workers.
In an application dated March 11, 2014, the United Steel, paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union requested administrative reconsideration of the negative determination applicable to workers and former workers of the subject firm. The request for reconsideration alleges that workers at the subject firm are eligible to apply for Trade Adjustment Assistance (TAA) under Section 222(b) of the Trade Act, 19 U.S.C. § 2272(b).
Previously-submitted information revealed that a significant number or proportion of the workers in the subject firm have been totally or partially separated or threatened by such separation. Therefore, the Department determines at Section 222(b)(1) has been met.
A careful review of administrative record, the request for reconsideration, and publically-available information confirmed that the subject is a Supplier, as defined by Section 222(c) of the Trade Act, to a firm that employed a worker group eligible to apply for TAA under Section 222(a) of the Act, and that the supply of services is related to the production of the article that was the basis of the primary certification. Therefore, the Department determines that Section 222(b)(2) has been met.
Conclusion
After careful review, I determine that workers and former workers of the subject firm, who are engaged in employment related to the supply of environmental remediation services, 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 LATA Environmental Services of Kentucky, LLC, a wholly owned subsidiary of Los Alamos Technical Associates, Inc., Kevil, Kentucky, who became totally or partially separated from employment on or after December 20, 2012, through two years from the date of this revised certification, 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 11th day of June, 2014

¬¬/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-83,321

LATA ENVIROMENTAL SERVICES OF KENTUCKY, LLC
A WHOLLY OWNED SUBSIDIARY OF
LOS ALAMOS TECHNICAL ASSOCIATES, INC.
KEVIL, KENTUCKY

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 December 23, 2013, by United Steele Workers (USW),
Local# 550 on behalf of workers of LATA Environmental Services
of Kentucky, LLC, a wholly owned subsidiary of Los Alamos
Technical Associates, Inc., Kevil, Kentucky (LATA Environmental
Services of Kentucky, LLC). The workers' firm is engaged in
activities related to supply of environmental remediation
services.
The petitioner alleged that the firm "reduction in funding"
is a direct result of the firm closing.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of services like or directly
competitive with environmental remediation services supplied by
LATA Environmental Services of Kentucky, LLC have not increased
during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that LATA Environmental Services of
Kentucky, LLC did not shift the supply of services of
environmental remediation, or like or directly competitive
services, to a foreign country or acquire the supply of
services of environmental remediation, or like or directly
competitive services, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that LATA Environmental Services of
Kentucky, LLC is not 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).

Further, the investigation revealed that LATA
Environmental Services of Kentucky, LLC does not act as a
Downstream Supplier to a firm (or subdivision, whichever is
applicable) 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 since the workers'
firm has not been publically 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 LATA Environmental
Services of Kentucky, LLC, a wholly owned subsidiary of Los
Alamos Technical Associates, Inc., Kevil, Kentucky to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 24th day of January, 2014

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance