DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,029

OLDCASTLE BUILDINGENVELOPE
INCLUDING ON-SITE LEASED WORKERS FROM TERRA STAFFING GROUP
AND EXPRESS EMPLOYMENT PROFESSIONALS
EVERETT, WASHINGTON

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated on January 23, 2014,
resulted in a negative determination, issued on March 20, 2014,
that was based on the finding that the subject firm neither shifted
production of architectural glass, windows, or related products to
a foreign country, nor did it import any of the aforementioned
articles from a foreign country during the relevant time period.
The determination was applicable to workers and former workers of
Oldcastle BuildingEnvelope, Everett, Washington. The subject worker
group included on-site leased workers from Terra Staffing Group and
Express Employment Professionals.
The workers’ firm is engaged in activities related to the
production of architectural glass, windows, and related products.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the workers
of Oldcastle BuildingEnvelope, including on-site leased workers
from Terra Staffing Group and Express Employment Professionals,
Everett, Washington, meet the worker group certification criteria
under Section 222(b).
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 Oldcastle
BuildingEnvelope, Everett, Washington is a Supplier to a firm or
subdivision 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 actual finished
article that was the basis for such certification.
Section 222(b)(3)(A) has been met because the architectural
glass, windows, and related products produced by Oldcastle
BuildingEnvelope, Everett, Washington for a firm that employed a
worker group who received a certification of eligibility
accounted for at least 20 percent of the production or sales of
Oldcastle BuildingEnvelope, Everett, Washington.
Conclusion
After careful review, I determine that the workers of Oldcastle
BuildingEnvelope, including on-site leased workers from Terra
Staffing Group and Express Employment Professionals, Everett,
Washington who are engaged in activities related to the supply of
architectural glass, windows, and related products, 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 Oldcastle BuildingEnvelope, including on-site
leased workers from Terra Staffing Group and Express
Employment Professionals, Everett, Washington, who became
totally or partially separated from employment on or after
January 21, 2013, 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 21st day of February, 2016.


/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,029

OLDCASTLE BUILDINGENVELOPE
INCLUDING ON-SITE LEASED WORKERS FROM TERRA STAFFING GROUP AND
EXPRESS EMPLOYMENT PROFESSIONALS
EVERETT, WASHINGTON

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 three criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

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 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."
The investigation was initiated in response to a petition
filed on January 23, 2014 by the Washington State Workforce
Office on behalf of workers of Oldcastle BuildingEnvelope,
Everett, Washington (hereafter referred to as "Oldcastle").
The workers' firm is engaged in activities related to the
production of architectural glass, windows, and related
products. The worker group includes on-site leased workers from
Terra Staffing Group and Express Employment Professionals.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of architectural glass, windows, or related products
to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the subject firm did not import
architectural glass, windows, and related products, or like or
directly competitive articles, from a foreign country during the
relevant time period. A customer survey was not conducted during
the investigation because sales and/or production at the subject
firm did not decline during the relevant time period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Oldcastle 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).

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Oldcastle that does not act as a
Downstream Producer 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), based on an increase in imports from, or a
shift in production to, Canada or Mexico.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Oldcastle
BuildingEnvelope, Everett, Washington, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, as amended, and are also denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, amended.

Signed in Washington, D.C. this 20th day of March, 2014

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance