Certified
« back to search results

TAW-85049  /  ESCO Corporation (Portland, OR)

Petitioner Type: State
Impact Date: 01/31/2013
Filed Date: 02/03/2014
Most Recent Update: 07/02/2014
Determination Date: 07/02/2014
Expiration Date: 07/02/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,049

ESCO CORPORATION
PDX MANUFACTURING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
MADDEN INDUSTRIAL CRAFTSMEN AND AEROTEK STAFFING
PORTLAND, OREGON


Certification 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.
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 (or subdivision) is a Supplier or
Downstream Producer 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 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 (or subdivision) 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 (or
subdivision) 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 (or subdivision) component parts for articles 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 February 3, 2014 by a state workforce office official on
behalf of workers of ESCO Corporation, PDX Manufacturing
Division, including on-site leased workers from Madden
Industrial Craftsmen and Aerotek Staffing, Portland, Oregon
(subject firm). The workers' firm is engaged in the production of
component parts for mining equipment.
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(b)(2) has been met because ESCO Corporation is a
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),
and such supply is related to the actual finished article that was
the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by the subject firm with the aforementioned firm
contributed importantly to worker separations at the subject
firm.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria have been met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older. Section 246(a)(3)(A)(ii)(II) has been met because
the workers in the workers' firm possess skills that are not
easily transferrable. Section 246(a)(3)(A)(ii)(III) has been met
because conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ESCO Corporation, PDX
Manufacturing Division, Portland, Oregon, who are engaged in
activities related to the production of component parts for mining
equipment, 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 ESCO Corporation, PDX Manufacturing
Division, including on-site leased workers from Madden
Industrial Craftsmen and Aerotek Staffing, Portland,
Oregon, who became totally or partially separated from
employment on or after January 31, 2013 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, and are also eligible to apply
for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 2nd day of July, 2014


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