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TAW-91145B  /  Joy Global Underground Mining, LLC (Reno, PA)

Petitioner Type: State
Impact Date: 11/16/2014
Filed Date: 11/17/2015
Most Recent Update: 09/22/2016
Determination Date: 01/29/2016
Expiration Date: 01/29/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,145

JOY GLOBAL UNDERGROUND MINING, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
ALL SEASONS TEMPORARIES, INC.
FRANKLIN, PENNSYLVANIA

TA-W-91,145A

ON-SITE LEASED WORKERS FROM TECHNICAL SOLUTIONS, INC., PRECISION
RESOURCE COMPANY, ACS ENGINEERING GROUP, ADECCO ENGINEERING &
TECHNOLOGY, AND E-STAFF CONSULTING GROUP, INC.
REPORTING TO JOY GLOBAL UNDERGROUND MINING, LLC
FRANKLIN, PENNSYLVANIA

TA-W-91,145B

JOY GLOBAL UNDERGROUND MINING, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
ALL SEASONS TEMPORARIES, INC.
RENO, PENNSYLVANIA

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 January 29, 2016, applicable to workers of Joy
Global Underground Mining, LLC, including on-site leased workers
from All Seasons Temporaries, Inc., Franklin, Pennsylvania (TA-W-
91,145); and on-site leased workers from Technical Solutions,
Inc., Precision Resource Company, ACS Engineering Group, Adecco
Engineering & Technology, and e-STAFF Consulting Group, Inc.,
reporting to Joy Global Underground Mining, LLC, Franklin,
Pennsylvania (TA-W-91,145A).
At the request of a state workforce official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in activities related to the production of
underground mining equipment.
New information shows that the workers of Joy Global
Underground Mining, LLC, including on-site leased workers from All
Seasons Temporaries, Inc., Reno, Pennsylvania (TA-W-91,145B)
and the on-site leased workers from Technical Solutions, Inc.,
Precision Resource Company, ACS Engineering Group, Adecco
Engineering & Technology, and e-STAFF Consulting Group, Inc.,
reporting to Joy Global Underground Mining, LLC, Franklin,
Pennsylvania (TA-W-91,145A) support and work in conjunction with
Joy Global Underground Mining, LLC (TA-W-91,145).
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by the
shift in production of underground mining equipment. Based on
these findings, the Department is amending this certification to
include the workers of Joy Global Underground Mining, LLC,
including on-site leased workers from All Seasons Temporaries,
Inc., Reno, Pennsylvania (TA-W-91,145B). The amended notice
applicable to TA-W-91,145 is hereby issued as follows:
"All workers of Joy Global Underground Mining, LLC,
including on-site leased workers from All Seasons
Temporaries, Inc., Franklin, Pennsylvania (TA-W-91,145),
who became totally or partially separated from
employment on or after November 27, 2015, through
January 29, 2018, and all workers in the group
threatened with total or partial separation from
employment on January 29, 2016 through January 29, 2018,
are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as
amended” and
“On-site leased workers from Technical Solutions, Inc.,
Precision Resource Company, ACS Engineering Group,
Adecco Engineering & Technology, and e-STAFF Consulting
Group, Inc., reporting to Joy Global Underground Mining,
LLC, Franklin, Pennsylvania (TA-W-91,145A), and all
workers of Joy Global Underground Mining, LLC,
including on-site leased workers from All Seasons
Temporaries, Inc., Reno, Pennsylvania (TA-W-91,145B),
who became totally or partially separated from
employment on or after November 16, 2014, through
January 29, 2018, and all workers in the group
threatened with total or partial separation from
employment on January 29, 2016 through January 29, 2018,
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 22nd day of September, 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-91,145

JOY GLOBAL UNDERGROUND MINING, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
ALL SEASONS TEMPORARIES, INC.
FRANKLIN, PENNSYLVANIA

TA-W-91,145A

ON-SITE LEASED WORKERS FROM TECHNICAL SOLUTIONS, INC.,
PRECISION RESOURCE COMPANY, ACS ENGINEERING GROUP, ADECCO
ENGINEERING & TECHNOLOGY, AND E-STAFF CONSULTING GROUP, INC.
REPORTING TO JOY GLOBAL UNDERGROUND MINING, LLC
FRANKLIN, PENNSYLVANIA

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;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on November 17, 2015 by the State Workforce Office on
behalf of workers of Joy Global Underground Mining, LLC,
Franklin, Pennsylvania (Joy Global). The workers' firm is
engaged in activities related to the production of underground
mining equipment. The subject worker groups includes on-site
leased workers from All Seasons Temporaries, Inc., Technical
Solutions, Inc., Precision Resource Company, ACS Engineering
Group, Adecco Engineering & Technology, and e-STAFF Consulting
Group, Inc.
Workers of Joy Global, Inc., including on-site leased
workers from All Seasons Temporaries, Inc., are eligible to
apply for Trade Adjustment Assistance under a previous
certification (TA-W-82,908) which expired on November 26, 2015.
During the course of the investigation, information was
collected from 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)(B) has been met because the workers'
firm has shifted to a foreign country the production of a(n)
article like or directly competitive with the underground mining
equipment produced by the workers which contributed importantly
to worker group separations at Joy Global.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Joy Global
Underground Mining, LLC, Franklin, Pennsylvania, who are engaged
in activities related to the production of underground mining
equipment, 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 Joy Global Underground Mining, LLC,
including on-site leased workers from All Seasons
Temporaries, Inc., Franklin, Pennsylvania (TA-W-91,145),
who became totally or partially separated from employment
on or after November 27, 2015, 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 and on-site leased workers from
Technical Solutions, Inc., Precision Resource Company, ACS
Engineering Group, Adecco Engineering & Technology, and e-
STAFF Consulting Group, Inc., reporting to Joy Global
Underground Mining, LLC, Franklin, Pennsylvania (TA-W-
91,145A), who became totally or partially separated from
employment on or after November 16, 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 29th day of January, 2016

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