Certified
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TAW-91252  /  Joy Global Suface Mining, Inc. (Virginia, MN)

Petitioner Type: State
Impact Date: 12/21/2014
Filed Date: 12/22/2015
Most Recent Update: 05/11/2016
Determination Date: 05/11/2016
Expiration Date: 05/11/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,252

JOY GLOBAL SURFACE MINING, INC.
A WHOLLY OWNED SUBSIDIARY OF JOY GLOBAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM WORLDWIDE LABOR SUPPORT,
INC., MANPOWER, AND LABOR READY
VIRGINIA, MINNESOTA

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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on December 22, 2015 by the state workforce office on
behalf of workers of Joy Global Surface Mining, Inc., a wholly
owned subsidiary of Joy Global, Inc., Virginia, Minnesota (Joy
Global Surface Mining). The workers' firm is engaged in
activities related to the supply of OEM parts, rebuild, repair,
and servicing of mining equipment. The subject worker group
includes on-site leased workers from World Wide Labor Support,
Inc., Manpower, and Labor Ready.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(b)(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(b)(2) has been met because Joy Global Surface
Mining is 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), and such supply is related to
the finished article that was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Joy Global Surface Mining with the firm that
employed a certified worker group contributed importantly to
worker separations at Joy Global Surface Mining.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Joy Global Surface
Mining, Inc., a wholly owned subsidiary of Joy Global, Inc.,
including on-site leased workers from World Wide Labor Support,
Inc., Manpower, and Labor Ready, Virginia, Minnesota, who are
engaged in activities related to the supply of OEM parts,
rebuild, repair, and servicing of mining equipment, meet the
worker group certification criteria under Section 222(b) of the
Act, 19 U.S.C. § 2272(b). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:


"All workers of Joy Global Surface Mining, Inc., a wholly
owned subsidiary of Joy Global, Inc., including on-site
leased workers from World Wide Labor Support, Inc.,
Manpower, and Labor Ready, Virginia, Minnesota, who became
totally or partially separated from employment on or after
December 21, 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 11th day of May 2016.
/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance