DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,148
XPO LOGISTICS, INC.
FKA CON-WAY, INC.
2055 NW 212ST AVENUE
PORTLAND, OREGON

TA-W-91,148A
XPO LOGISTICS CNW, INC.
FKA CON-WAY, INC.
2497 NW 127TH ST.
PORTLAND, OREGON

TA-W-91,148B
XPO LOGISTICS CNW, INC.
FKA CON-WAY, INC.
ADTECH II
1717 NW 21ST AVE.
PORTLAND, OREGON

TA-W-91,148C
XPO LOGISTICS, LLC
FKA CON-WAY, INC.
2055 NW SAVIER
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (IU) WERE
REPORTED UNDER
XPO LOGISTICS, INC.
PORTLAND, OREGON

TA-W-91,148D
XPO LOGISTICS FREIGHT, INC.
UPO
12250 SE FORD ST.
INCLUDING ON-SITE LEASED WORKERS FROM RANDSTAD, INC.
CLACKAMAS, OREGON

TA-W-91,148E
JACOBSON WAREHOUSE COMPANY, INC.
A WHOLLY OWNED SUBSIDIARY OF XPO LOGISTICS, INC.
7409 N LEADBETTER RD.
PORTLAND, OREGON

TA-W-91,148F
JACOBSON WAREHOUSE COMPANY, INC.
A WHOLLY OWNED SUBSIDIARY OF XPO LOGISTICS, INC.
14310 N LOMBARD ST.
PORTLAND, OREGON

TA-W-91,148G
XPO LOGISTICS FREIGHT, INC.
UBD
2545 BUILDERS CIRCLE
BEND, OREGON

TA-W-91,148H
XPO LOGISTICS FRIEGHT, INC.
UEO
3030 W. 7TH PLACE
EUGENE, OREGON

TA-W-91,148I
XPO LOGISTICS WORLDWIDE, INC.
3725 CRATES WAY
THE DALLES, OREGON

TA-W-91,148J
XPO LOGISTICS FREIGHT, INC.
UMO
375 ICE CREAM DRIVE
CENTRAL POINT, OREGON

TA-W-91,148K
XPO LOGISTICS FREIGHT, INC.
1770 LAUREL PLACE
FLORENCE, OREGON

TA-W-91,148L
XPO LOGISTICS FREIGHT, INC.
1770 LAUREL WAY
FLORENCE, OREGON

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated 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.
(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on November 18, 2015 by a state workforce office on
behalf of workers of XPO Logistics, Inc., FKA Con-way, Inc.,
2055 NW 212st Avenue, Portland, Oregon (TA-W-91,148), XPO
Logistics CNW, Inc., FKA Con-way, Inc., 2497 NW 127th St.,
Portland, Oregon (TA-W-91,148A), XPO Logistics CNW, Inc., FKA
Con-way, Inc., AdTech II, 1717 NW 21st Ave., Portland, Oregon
(TA-W-91,148B), XPO Logistics, LLC, FKA Con-way, Inc., 2055 NW
Savier, Portland, Oregon (TA-W-91,148C), XPO Logistics Freight,
Inc., UPO, 12250 SE Ford St., Clackamas, Oregon (TA-W-91,148D),
Jacobson Warehouse Company, Inc., a wholly owned subsidiary of
XPO Logistics, Inc., 7409 N. Leadbetter Rd., Portland, Oregon
(TA-W-91,148E), Jacobson Warehouse Company, Inc., a wholly owned
subsidiary of XPO Logistics, Inc., 14310 N. Lombard St.,
Portland, Oregon (TA-W-91,148F), XPO Logistics Freight, Inc.,
UBD, 2545 Builders Circle, Bend, Oregon (TA-W-91,148G), XPO
Logistics Freight, Inc., UEO, 3030 W. 7th Place, Eugene, Oregon
(TA-W-91,148H), XPO Logistics Worldwide, Inc., 3725 Crates Way,
The Dalles, Oregon (TA-W-91,148I), XPO Logistics Freight, Inc.,
UMO, 375 Ice Cream Drive, Central Point, Oregon (TA-W-91,148J),
XPO Logistics Freight, Inc., 1770 Laurel Place, Florence, Oregon
(TA-W-91,148K), and XPO Logistics Freight, Inc., 1770 Laurel
Way, Florence, Oregon (TA-W-91,148L) (hereafter referred to
collectively as "XPO Logistics, FKA Con-way"). Workers of XPO
Logistics, FKA Con-way are engaged in activities related to the
supply of trucking, warehouse, freight, and logistics services.
The workers are separately identifiable by service supplied.
The worker group covered by TA-W-91,148D includes on-site leased
workers from Randstad, Inc. and the worker group covered by TA-
W-91,148C includes workers whose unemployment insurance wages
were reported under XPO Logistics, Inc. The petition states
"Con-Way Freight was acquired by XPO Logistics in September
2015. XPO laid off 101 workers when purchase of Con-Way was
completed. News articles and XPO's website state they
outsource operations." The petitioner included articles and
websites showing that the services were allegedly outsourced
to a foreign country.
During the course of the investigation, information was
collected from the workers' firm, its major declining
customer(s), and the petitioner.
TA-W-91,148
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that a significant number or
proportion of the workers at this location have not become
totally or partially separated, nor are they threatened to
become totally or partially separated.
TA-W-91,148B; TA-W-91,148C; TA-W-91,148G through TA-W-91,148L
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that the workers' firm did not
employ a worker group at these locations during the relevant
period. Specifically, the workers' firm did not employ at each
location at least three full-time workers during the year
preceding the Trade Adjustment Assistance (TAA) petition date.
TA-W-91,148D through TA-W-91,148F
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that neither XPO Logistics, Inc., Con-
way, Inc., nor their customers have increased U.S. imports of
services like or directly competitive with the trucking,
warehouse, freight and logistics services supplied by the
workers at these locations when comparing the relevant period
to the representative base period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that XPO Logistics, FKA Con-way did not
shift the supply of trucking, warehouse, freight and logistics
services, or a like or directly competitive service, to a
foreign country or acquire the supply of trucking, warehouse,
freight and logistics services, or a like or directly
competitive service, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that XPO Logistics, FKA Con-way is not
a Supplier or a 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 regards to all groups (TA-W-91,148 through TA-W-91,148L):
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 of the facts obtained in the
investigation, 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 XPO Logistics, Inc.,
FKA Con-way, Inc., 2055 NW 212st Avenue, Portland, Oregon (TA-W-
91,148), XPO Logistics CNW, Inc., FKA Con-way, Inc., 2497 NW
127th St., Portland, Oregon (TA-W-91,148A), XPO Logistics CNW,
Inc., FKA Con-way, Inc., AdTech II, 1717 NW 21st Ave., Portland,
Oregon (TA-W-91,148B), XPO Logistics, LLC, FKA Con-way, Inc.,
2055 NW Savier, including workers whose unemployment insurance
(UI) were reported under XPO Logistics, Inc., Portland, Oregon
(TA-W-91,148C), XPO Logistics Freight, Inc., UPO, 12250 SE Ford
St., including on-site leased workers from Randstad, Inc.,
Clackamas, Oregon (TA-W-91,148D), Jacobson Warehouse Company,
Inc., a wholly owned subsidiary of XPO Logistics, Inc., 7409 N.
Leadbetter Rd., Portland, Oregon (TA-W-91,148E), Jacobson
Warehouse Company, Inc., a wholly owned subsidiary of XPO
Logistics, Inc., 14310 N. Lombard St., Portland, Oregon (TA-W-
91,148F), XPO Logistics Freight, Inc., UBD, 2545 Builders
Circle, Bend, Oregon (TA-W-91,148G), XPO Logistics Freight,
Inc., UEO, 3030 W. 7th Place, Eugene, Oregon (TA-W-91,148H), XPO
Logistics Worldwide, Inc., 3725 Crates Way, The Dalles, Oregon
(TA-W-91,148I), XPO Logistics Freight, Inc., UMO, 375 Ice Cream
Drive, Central Point, Oregon (TA-W-91,148J), XPO Logistics
Freight, Inc. 1770 Laurel Place, Florence, Oregon (TA-W-
91,148K), and XPO Logistics Freight, Inc., 1770 Laurel Way,
Florence, Oregon (TA-W-91,148L), to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 24th day of March 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance