Petitioner Type: State
Impact Date:
Filed Date: 09/12/2014
Most Recent Update: 03/26/2016
Determination Date: 11/24/2014
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,534
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534A
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534B
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534C
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534D
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534E
PENDLETON GRAIN GROWERS, INC.
AUTOMOTIVE SERVICE CENTER
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534F
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534G
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
FREEWATER, OREGON
TA-W-85,534H
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
ISLAND CITY, OREGON
Notice of Negative 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 om September 12, 2014,
resulted in a negative determination, issued on November 24, 2014,
that was based on the Department’s finding of no import increases of
articles like or directly competitive with those produced by the
subject worker groups and no shift of production by the subject form
of articles like or directly competitive with those produced by the
subject worker groups.
The determination was applicable to workers and former workers
of Pendleton Grain Growers, Inc., Agronomy Department, Hermiston,
Oregon (TA-W-85,534), Pendleton Grain Growers, Inc., Pump and
Irrigation Department, Hermiston, Oregon (TA-W-85,534A), Pendleton
Grain Growers, Inc., Fleet Repair and Maintenance Department,
Hermiston, Oregon (TA-W-85,534B), Pendleton Grain Growers, Inc.,
Agronomy Department, Pendleton, Oregon (TA-W-85,534C), Pendleton
Grain Growers, Inc., Fleet Repair and Maintenance Department,
Pendleton, Oregon (TA-W-85,534D), Pendleton Grain Growers, Inc.,
Automotive Service Center, Pendleton, Oregon (TA-W-85,534E),
Pendleton Grain Growers, Inc., Pump and Irrigation Department,
Pendleton, Oregon (TA-W-85,534F), Pendleton Grain Growers, Inc.,
Pump and Irrigation Department, Freewater, Oregon (TA-W-85,534G)
and Pendleton Grain Growers, Inc., Pump and Irrigation Department,
Island City, Oregon (TA-W-85,534H) (hereafter collectively referred
to as “Pendleton Grain Growers”). The afore-mentioned worker groups
include on-site leased workers from Express Professionals.
The workers’ firm manufactures agricultural products. Workers in
the Agronomy Department (TA-W-85,534; TA-W-85,534C) are engaged in
activities related to the mixture and resale of fertilizer. Workers
in the Pump and Irrigation Department (TA-W-85,534A; TA-W-85,534F;
TA-W-85,534G; TA-W-85,534H) are engaged in activities related to the
production of pump and irrigation equipment. Workers in the Fleet
Repair and Maintenance Department (TA-W-85,534B; TA-W-85,534D) and
the Automotive Service Center (TA-W-85,534E) are engaged in
activities related to the production of fabrication, molds and dies.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports by Pendleton Grain
Growers or its major declining customers of fertilizer, pump and
irrigation equipment, or fabrication, or like or directly
competitive articles, during the relevant time period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of fertilizer, pump and irrigation equipment, or
fabrication, molds and dies, or like or directly competitive
articles, to a foreign country or acquire such production from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Pendleton Grain Growers 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 Pendleton Grain Growers 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).
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been satisfied because Criterion (1) has not
been met since 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, 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 Pendleton Grain
Growers, Inc., Agronomy Department, including on-site leased
workers from Express Professionals, Hermiston, Oregon (TA-W-
85,534), Pendleton Grain Growers, Inc., Pump and Irrigation
Department, including on-site leased workers from Express
Professionals, Hermiston, Oregon (TA-W-85,534A), Pendleton Grain
Growers, Inc., Fleet Repair and Maintenance Department, including
on-site leased workers from Express Professionals, Hermiston,
Oregon (TA-W-85,534B), Pendleton Grain Growers, Inc., Agronomy
Department, including on-site leased workers from Express
Professionals, Pendleton, Oregon (TA-W-85,534C), Pendleton Grain
Growers, Inc., Fleet Repair and Maintenance Department, including
on-site leased workers from Express Professionals, Pendleton,
Oregon (TA-W-85,534D), Pendleton Grain Growers, Inc., Automotive
Service Center, including on-site leased workers from Express
Professionals, Pendleton, Oregon (TA-W-85,534E), Pendleton Grain
Growers, Inc., Pump and Irrigation Department, including on-site
leased workers from Express Professionals, Pendleton, Oregon (TA-W-
85,534F), Pendleton Grain Growers, Inc., Pump and Irrigation
Department, including on-site leased workers from Express
Professionals, Freewater, Oregon (TA-W-85,534G), and Pendleton
Grain Growers, Inc., Pump and Irrigation Department, including on-
site leased workers from Express Professionals, Island City, Oregon
(TA-W-85,534H), to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 26th day of March, 2016
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,534
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534A
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534B
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534C
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534D
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534E
PENDLETON GRAIN GROWERS, INC.
AUTOMOTIVE SERVICE CENTER
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534F
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534G
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
FREEWATER, OREGON
TA-W-85,534H
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
ISLAND CITY, OREGON
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 September 12, 2014 by a State Workforce Office on
behalf of the workers of Pendleton Grain Growers, Inc., Agronomy
Department, Hermiston, Oregon (TA-W-85,534), Pendleton Grain
Growers, Inc., Pump and Irrigation Department, Hermiston, Oregon
(TA-W-85,534A), Pendleton Grain Growers, Inc., Fleet Repair and
Maintenance Department, Hermiston, Oregon (TA-W-85,534B),
Pendleton Grain Growers, Inc., Agronomy Department, Pendleton,
Oregon (TA-W-85,534C), Pendleton Grain Growers, Inc., Fleet
Repair and Maintenance Department, Pendleton, Oregon (TA-W-
85,534D), Pendleton Grain Growers, Inc., Automotive Service
Center, Pendleton, Oregon (TA-W-85,534E), Pendleton Grain
Growers, Inc., Pump and Irrigation Department, Pendleton, Oregon
(TA-W-85,534F), Pendleton Grain Growers, Inc., Pump and
Irrigation Department, Freewater, Oregon (TA-W-85,534G) and
Pendleton Grain Growers, Inc., Pump and Irrigation Department,
Island City, Oregon (TA-W-85,534H). The workers' firm is a
provider of agricultural products and services. Workers in the
Agronomy Department are engaged in activities related to the
mixture and resale of fertilizer. Workers in the Pump and
Irrigation Department are engaged in activities related to the
production of pump and irrigation equipment. Workers in the
Fleet Repair and Maintenance Department and the Automotive
Service Center are engaged in activities related to the
production of fabrication, molds and dies. The worker group
includes on-site leased workers from Express Professionals.
The petitioner alleged that workers were laid off because
the firm cannot compete with imports and foreign competition
in agronomy.
During the course of the investigation, information was
collected from the workers' firm and the firm's greatest
declining customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the articles produced by Pendleton
Grain Growers, Inc. did not contribute importantly to the
worker separations at the subject firm. A survey of the firm's
greatest declining customers revealed that imports of articles
like or directly competitive with fertilizer, pump and
irrigation equipment, or fabrication, molds and dies have not
increased during the period under investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of fertilizer, pump and irrigation equipment, or
fabrication, molds and dies or like or directly competitive
articles to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Pendleton Grain Growers, 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).
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 Pendleton Grain
Growers, Inc., Agronomy Department, including on-site leased
workers from Express Professionals, Hermiston, Oregon (TA-W-
85,534), Pendleton Grain Growers, Inc., Pump and Irrigation
Department, including on-site leased workers from Express
Professionals, Hermiston, Oregon (TA-W-85,534A), Pendleton Grain
Growers, Inc., Fleet Repair and Maintenance Department,
including on-site leased workers from Express Professionals,
Hermiston, Oregon (TA-W-85,534B), Pendleton Grain Growers, Inc.,
Agronomy Department, including on-site leased workers from
Express Professionals, Pendleton, Oregon (TA-W-85,534C),
Pendleton Grain Growers, Inc., Fleet Repair and Maintenance
Department, including on-site leased workers from Express
Professionals, Pendleton, Oregon (TA-W-85,534D), Pendleton Grain
Growers, Inc., Automotive Service Center, including on-site
leased workers from Express Professionals, Pendleton, Oregon
(TA-W-85,534E), Pendleton Grain Growers, Inc., Pump and
Irrigation Department, including on-site leased workers from
Express Professionals, Pendleton, Oregon (TA-W-85,534F),
Pendleton Grain Growers, Inc., Pump and Irrigation Department,
including on-site leased workers from Express Professionals,
Freewater, Oregon (TA-W-85,534G) and Pendleton Grain Growers,
Inc., Pump and Irrigation Department, including on-site leased
workers from Express Professionals, Island City, Oregon (TA-W-
85,534H) engaged in activities related to the production of
fertilizer, pump and irrigation equipment, and fabrication,
molds and dies 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 24th day of November, 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-85,534
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534A
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534B
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534C
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534D
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534E
PENDLETON GRAIN GROWERS, INC.
AUTOMOTIVE SERVICE CENTER
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534F
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534G
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
FREEWATER, OREGON
TA-W-85,534H
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
ISLAND CITY, OREGON
Notice of Negative 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 om September 12, 2014,
resulted in a negative determination, issued on November 24, 2014,
that was based on the Department’s finding of no import increases of
articles like or directly competitive with those produced by the
subject worker groups and no shift of production by the subject form
of articles like or directly competitive with those produced by the
subject worker groups.
The determination was applicable to workers and former workers
of Pendleton Grain Growers, Inc., Agronomy Department, Hermiston,
Oregon (TA-W-85,534), Pendleton Grain Growers, Inc., Pump and
Irrigation Department, Hermiston, Oregon (TA-W-85,534A), Pendleton
Grain Growers, Inc., Fleet Repair and Maintenance Department,
Hermiston, Oregon (TA-W-85,534B), Pendleton Grain Growers, Inc.,
Agronomy Department, Pendleton, Oregon (TA-W-85,534C), Pendleton
Grain Growers, Inc., Fleet Repair and Maintenance Department,
Pendleton, Oregon (TA-W-85,534D), Pendleton Grain Growers, Inc.,
Automotive Service Center, Pendleton, Oregon (TA-W-85,534E),
Pendleton Grain Growers, Inc., Pump and Irrigation Department,
Pendleton, Oregon (TA-W-85,534F), Pendleton Grain Growers, Inc.,
Pump and Irrigation Department, Freewater, Oregon (TA-W-85,534G)
and Pendleton Grain Growers, Inc., Pump and Irrigation Department,
Island City, Oregon (TA-W-85,534H) (hereafter collectively referred
to as “Pendleton Grain Growers”). The afore-mentioned worker groups
include on-site leased workers from Express Professionals.
The workers’ firm manufactures agricultural products. Workers in
the Agronomy Department (TA-W-85,534; TA-W-85,534C) are engaged in
activities related to the mixture and resale of fertilizer. Workers
in the Pump and Irrigation Department (TA-W-85,534A; TA-W-85,534F;
TA-W-85,534G; TA-W-85,534H) are engaged in activities related to the
production of pump and irrigation equipment. Workers in the Fleet
Repair and Maintenance Department (TA-W-85,534B; TA-W-85,534D) and
the Automotive Service Center (TA-W-85,534E) are engaged in
activities related to the production of fabrication, molds and dies.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports by Pendleton Grain
Growers or its major declining customers of fertilizer, pump and
irrigation equipment, or fabrication, or like or directly
competitive articles, during the relevant time period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of fertilizer, pump and irrigation equipment, or
fabrication, molds and dies, or like or directly competitive
articles, to a foreign country or acquire such production from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Pendleton Grain Growers 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 Pendleton Grain Growers 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).
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been satisfied because Criterion (1) has not
been met since 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, 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 Pendleton Grain
Growers, Inc., Agronomy Department, including on-site leased
workers from Express Professionals, Hermiston, Oregon (TA-W-
85,534), Pendleton Grain Growers, Inc., Pump and Irrigation
Department, including on-site leased workers from Express
Professionals, Hermiston, Oregon (TA-W-85,534A), Pendleton Grain
Growers, Inc., Fleet Repair and Maintenance Department, including
on-site leased workers from Express Professionals, Hermiston,
Oregon (TA-W-85,534B), Pendleton Grain Growers, Inc., Agronomy
Department, including on-site leased workers from Express
Professionals, Pendleton, Oregon (TA-W-85,534C), Pendleton Grain
Growers, Inc., Fleet Repair and Maintenance Department, including
on-site leased workers from Express Professionals, Pendleton,
Oregon (TA-W-85,534D), Pendleton Grain Growers, Inc., Automotive
Service Center, including on-site leased workers from Express
Professionals, Pendleton, Oregon (TA-W-85,534E), Pendleton Grain
Growers, Inc., Pump and Irrigation Department, including on-site
leased workers from Express Professionals, Pendleton, Oregon (TA-W-
85,534F), Pendleton Grain Growers, Inc., Pump and Irrigation
Department, including on-site leased workers from Express
Professionals, Freewater, Oregon (TA-W-85,534G), and Pendleton
Grain Growers, Inc., Pump and Irrigation Department, including on-
site leased workers from Express Professionals, Island City, Oregon
(TA-W-85,534H), to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 26th day of March, 2016
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,534
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534A
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534B
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
HERMISTON, OREGON
TA-W-85,534C
PENDLETON GRAIN GROWERS, INC.
AGRONOMY DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534D
PENDLETON GRAIN GROWERS, INC.
FLEET REPAIR AND MAINTENANCE DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534E
PENDLETON GRAIN GROWERS, INC.
AUTOMOTIVE SERVICE CENTER
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534F
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
PENDLETON, OREGON
TA-W-85,534G
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
FREEWATER, OREGON
TA-W-85,534H
PENDLETON GRAIN GROWERS, INC.
PUMP AND IRRIGATION DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS PROFESSIONALS
ISLAND CITY, OREGON
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 September 12, 2014 by a State Workforce Office on
behalf of the workers of Pendleton Grain Growers, Inc., Agronomy
Department, Hermiston, Oregon (TA-W-85,534), Pendleton Grain
Growers, Inc., Pump and Irrigation Department, Hermiston, Oregon
(TA-W-85,534A), Pendleton Grain Growers, Inc., Fleet Repair and
Maintenance Department, Hermiston, Oregon (TA-W-85,534B),
Pendleton Grain Growers, Inc., Agronomy Department, Pendleton,
Oregon (TA-W-85,534C), Pendleton Grain Growers, Inc., Fleet
Repair and Maintenance Department, Pendleton, Oregon (TA-W-
85,534D), Pendleton Grain Growers, Inc., Automotive Service
Center, Pendleton, Oregon (TA-W-85,534E), Pendleton Grain
Growers, Inc., Pump and Irrigation Department, Pendleton, Oregon
(TA-W-85,534F), Pendleton Grain Growers, Inc., Pump and
Irrigation Department, Freewater, Oregon (TA-W-85,534G) and
Pendleton Grain Growers, Inc., Pump and Irrigation Department,
Island City, Oregon (TA-W-85,534H). The workers' firm is a
provider of agricultural products and services. Workers in the
Agronomy Department are engaged in activities related to the
mixture and resale of fertilizer. Workers in the Pump and
Irrigation Department are engaged in activities related to the
production of pump and irrigation equipment. Workers in the
Fleet Repair and Maintenance Department and the Automotive
Service Center are engaged in activities related to the
production of fabrication, molds and dies. The worker group
includes on-site leased workers from Express Professionals.
The petitioner alleged that workers were laid off because
the firm cannot compete with imports and foreign competition
in agronomy.
During the course of the investigation, information was
collected from the workers' firm and the firm's greatest
declining customers.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the articles produced by Pendleton
Grain Growers, Inc. did not contribute importantly to the
worker separations at the subject firm. A survey of the firm's
greatest declining customers revealed that imports of articles
like or directly competitive with fertilizer, pump and
irrigation equipment, or fabrication, molds and dies have not
increased during the period under investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the
production of fertilizer, pump and irrigation equipment, or
fabrication, molds and dies or like or directly competitive
articles to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Pendleton Grain Growers, 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).
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 Pendleton Grain
Growers, Inc., Agronomy Department, including on-site leased
workers from Express Professionals, Hermiston, Oregon (TA-W-
85,534), Pendleton Grain Growers, Inc., Pump and Irrigation
Department, including on-site leased workers from Express
Professionals, Hermiston, Oregon (TA-W-85,534A), Pendleton Grain
Growers, Inc., Fleet Repair and Maintenance Department,
including on-site leased workers from Express Professionals,
Hermiston, Oregon (TA-W-85,534B), Pendleton Grain Growers, Inc.,
Agronomy Department, including on-site leased workers from
Express Professionals, Pendleton, Oregon (TA-W-85,534C),
Pendleton Grain Growers, Inc., Fleet Repair and Maintenance
Department, including on-site leased workers from Express
Professionals, Pendleton, Oregon (TA-W-85,534D), Pendleton Grain
Growers, Inc., Automotive Service Center, including on-site
leased workers from Express Professionals, Pendleton, Oregon
(TA-W-85,534E), Pendleton Grain Growers, Inc., Pump and
Irrigation Department, including on-site leased workers from
Express Professionals, Pendleton, Oregon (TA-W-85,534F),
Pendleton Grain Growers, Inc., Pump and Irrigation Department,
including on-site leased workers from Express Professionals,
Freewater, Oregon (TA-W-85,534G) and Pendleton Grain Growers,
Inc., Pump and Irrigation Department, including on-site leased
workers from Express Professionals, Island City, Oregon (TA-W-
85,534H) engaged in activities related to the production of
fertilizer, pump and irrigation equipment, and fabrication,
molds and dies 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 24th day of November, 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance