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TAW-91090  /  AK Steel Corporation (Ashland, KY)

Petitioner Type: Union
Impact Date: 10/26/2014
Filed Date: 10/30/2015
Most Recent Update: 06/30/2016
Determination Date: 03/24/2016
Expiration Date: 03/24/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,090

AK STEEL CORPORATION
ASHLAND WORKS
A SUBSIDIARY OF AK STEEL HOLDING CORPORATION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH RMI
INTERNATIONAL AND ESM GROUP INC.
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER, INC.; ATLAS
INDUSTRIAL CONTRACTORS, INC.; OMI REFRACTORIES, LLC DBA BISCO
REFRACTORIES; EARLY CONSTRUCTION COMPANY; ENERFAB, INC.; IBM
GLOBAL SERVICES; MARQUIS TERMINAL; MAXIM CRANE WORKS; MAY
CONTRACTING INC.; MINTEQ INTERNATIONAL; PHOENIX TEQ – ASHLAND,
LLC; PREMISE HEALTH; SUPERIOR ENVIRONMENTAL SOLUTIONS, INC.;
STEIN, INC., AND VESUVIUS USA CORPORATION
ASHLAND, 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 March 24, 2016, applicable to workers
of AK Steel Corporation, Ashland Works, a subsidiary of AK Steel
Holding Corporation, including workers whose wages were reported
through RMI International and ESM Group Inc., including on-site
leased workers from Manpower, Inc., Ashland, Kentucky. The
Department’s notice of determination was published in the
Federal Register on April 26, 2016 (81 FR 24648).
At the request of the Commonwealth of Kentucky, the
Department reviewed the certification for workers of the subject
firm. The workers were engaged in activities related to the
production of carbon steel slabs.
The company reports that workers leased from Atlas
Industrial Contractors, Inc.; OMI Refractories, LLC dba Bisco
Refractories; Early Construction Company; Enerfab, Inc.; IBM
Global Services; Marquis Terminal; Maxim Crane Works; May
Contracting Inc.; Minteq International; Phoenix TEQ – Ashland,
LLC; Premise Health; Superior Environmental Solutions, Inc.;
Stein, Inc., and Vesuvius USA Corporation were employed on-site
at the Ashland, Kentucky location of AK Steel Corporation,
Ashland Works, a subsidiary of AK Steel Holding Corporation,
Ashland, Kentucky. 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 Atlas Industrial
Contractors, Inc.; OMI Refractories, LLC dba Bisco Refractories;
Early Construction Company; Enerfab, Inc.; IBM Global Services;
Marquis Terminal; Maxim Crane Works; May Contracting Inc.;
Minteq International; Phoenix TEQ – Ashland, LLC; Premise
Health; Superior Environmental Solutions, Inc.; Stein, Inc., and
Vesuvius USA Corporation working on-site at the Ashland,
Kentucky location of AK Steel Corporation, Ashland Works, a
subsidiary of AK Steel Holding Corporation, Ashland, Kentucky.
The amended notice applicable to TA-W-91,090 is hereby
issued as follows:
"All workers of AK Steel Corporation, Ashland Works, a
subsidiary of AK Steel Holding Corporation, including
workers whose wages were reported through RMI
International and ESM Group Inc., including on-site
leased workers from Manpower, Inc.; Atlas Industrial
Contractors, Inc.; OMI Refractories, LLC dba Bisco
Refractories; Early Construction Company; Enerfab,
Inc.; IBM Global Services; Marquis Terminal; Maxim
Crane Works; May Contracting Inc.; Minteq
International; Phoenix TEQ – Ashland, LLC; Premise
Health; Superior Environmental Solutions, Inc.; Stein,
Inc., and Vesuvius USA Corporation, Ashland, Kentucky,
who became totally or partially separated from
employment on or after October 26, 2014, through March
24, 2018, 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 30th day of June, 2016.

/s/Hope D. Kinglock
__________________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,090

AK STEEL CORPORATION
ASHLAND WORKS
A SUBSIDIARY OF AK STEEL HOLDING CORPORATION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
RMI INTERNATIONAL AND ESM GROUP INC.
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER, INC.
ASHLAND, KENTUCKY

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
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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(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.

The investigation was initiated in response to a petition
filed on October 30, 2015 by the United Steelworkers, Local
1865 on behalf of workers of AK Steel Corporation, Ashland
Works, a subsidiary of AK Steel Holding Corporation, including
workers whose wages were reported through RMI International
and ESM Group Inc., including on-site leased workers from
Manpower, Inc., Ashland, Kentucky. The workers' firm is
engaged in activities related to the production of carbon steel
slabs. The subject worker group includes AK Steel Corporation
Ashland Works employees, in addition to on-site third party
contracted workers supplying services such as security and
industrial maintenance and technical services.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and major
declining customers of the workers' 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)(A)(i) has been met because the sales
and/or production of carbon steel slabs by AK Steel
Corporation Ashland Works have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
article produced by AK Steel Corporation Ashland Works have
increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at AK
Steel Corporation Ashland Works.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AK Steel Corporation,
Ashland Works, a subsidiary of AK Steel Holding Corporation,
including workers whose wages were reported through RMI
International and ESM Group Inc., including on-site leased
workers from Manpower, Inc., Ashland, Kentucky, who are engaged
in activities related to the production of carbon steel slabs
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 AK Steel Corporation, Ashland Works, a
subsidiary of AK Steel Holding Corporation, including
workers whose wages were reported through RMI
International and ESM Group Inc., including on-site
leased workers from Manpower, Inc., Ashland, Kentucky, who
became totally or partially separated from employment on or
after October 26, 2014 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 24th day of March 2016.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance