DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,573

MOTIVEPOWER, INC.
A WHOLLY-OWNED SUBSIDIARY OF WABTEC CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS, VOLT, PMG, AND SGW
BOISE, IDAHO

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 October 2, 2014, resulted
in a negative determination, issued on November 14, 2014, that was
based on based on no import increase and/or shift in production to
a foreign country. The determination was applicable to workers and
former workers of MotivePower, Inc., a wholly-owned subsidiary of
Wabtec Corporation, including on-site leased workers from
Express, Volt, PMG, and SGW, Boise, Idaho. The workers’ firm is
engaged in activities related to the production of locomotives,
remanufactured locomotives, and cab modules.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift in
production to a foreign country contributed importantly to the
worker group separations at the subject firm.
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(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the production of an article like
or directly competitive with the article produced by the workers
which contributed importantly to worker group separations at
MotivePower, Inc., a wholly-owned subsidiary of Wabtec
Corporation, Boise, Idaho.
Conclusion
After careful review, I determine that workers of MotivePower,
Inc., a wholly-owned subsidiary of Wabtec Corporation, including
on-site leased workers from Express, Volt, PMG, and SGW, Boise,
Idaho, who are engaged in activities related to the production of
locomotives, remanufactured locomotives, and cab modules, meet
the worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:

"All workers of MotivePower, Inc., a wholly-owned subsidiary
of Wabtec Corporation, including on-site leased workers from
Express, Volt, PMG, and SGW, Boise, Idaho who became totally
or partially separated from employment on or after September
26, 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 4th day of March, 2016


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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,573

MOTIVEPOWER, INC.
A WHOLLY-OWNED SUBSIDIARY OF WABTEC CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS, VOLT, PMG, AND SGW
BOISE, IDAHO

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 October 2, 2014 by the International Union of Operating
Engineers (IUOE), Local 370, on behalf of workers of
MotivePower, Inc., a wholly-owned subsidiary of Wabtec
Corporation, Boise, Idaho. The workers' firm is engaged in
activities related to the production of locomotives,
remanufactured locomotives, and cab modules. The worker group
includes on-site leased workers from Express, Volt, PMG, and
SGW.
The petitioner alleged that the subject firm's parent
company had shifted production work to facilities in Mexico
and that trade data showed an increase in U.S. imports of like
products. During the course of the investigation, information
was collected from the workers' firm and from the firm's lost
contract bids.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that the worker separations are not
attributable to increased imports of articles. The Department
surveyed the companies to which the subject firm lost bids. The
survey did not reveal increased reliance on imports of
locomotives or remanufactured locomotives during the relevant
period of the investigation.
With respect to Section 222(a)(2)(B), the investigation
revealed that the worker separations are not attributable to a
shift in production of articles to a foreign country. Rather,
the investigation confirmed that the worker separations are
attributable to the firm's completion of several large, multi-
year projects.
With respect to 222(b), the investigation revealed that
MotivePower, Inc. is not a Supplier or Downstream Producer to a
firm that employs a TAA-certified worker group.
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 (TAA). 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 MotivePower,
Inc., a wholly-owned subsidiary of Wabtec Corporation, including
on-site leased workers from Express, Volt, PMG, and SGW, Boise,
Idaho engaged in activities related to the production of
locomotives, remanufactured locomotives, and cab modules 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 14th day of November 2014.

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