Petitioner Type: Union
Impact Date: 12/22/2014
Filed Date: 12/23/2015
Most Recent Update: 09/19/2016
Determination Date: 01/29/2016
Expiration Date: 01/29/2018
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-91,257
HUNTLEY POWER LLC
A SUBSIDIARY OF NRG ENERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PONTOON SOLUTIONS, INC. AND CLEAN MD
TONAWANDA, NEW YORK
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 Huntley
Power LLC, a subsidiary of NRG Energy, Inc., including on-site
leased workers from Pontoon Solutions, Inc., Tonawanda, New York
(TA-W-91,257). The Department’s notice of determination was
published in the Federal Register on February 25, 2016 (81 FR
9510).
At the request of the International Brotherhood of Electrical
Workers, Local Union 97, the Department reviewed the certification
for workers of the subject firm. The workers firm is engaged in
activities related to the supply of electrical generation, capacity
and ancillary services. The Tonawanda facility is a coal-fired
electric generation facility.
The company reports that workers leased from Clean MD were
employed on-site at the Tonawanda, New York location of Huntley
Power LLC, a subsidiary of NRG Energy, Inc. The Department has
determined that these workers were sufficiently under the control
of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by customer
imports of electricity from a foreign country.
Based on these findings, the Department is amending this
certification to include workers leased from Clean MD working on-
site at the Tonawanda, New York location of the subject firm.
The amended notice applicable to TA-W-91,257 is hereby issued
as follows:
"All workers from Huntley Power LLC, a subsidiary of
NRG Energy, Inc., including on-site leased workers from
Pontoon Solutions, Inc. and Clean MD, Tonawanda, New
York who became totally or partially separated from
employment on or after December 22, 2014 through January
29, 2018, and all workers in the group threatened with
total or partial separation from employment on 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 19th day of September 2016.
/s/Hope D. Kinglock
_____________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-91,257
HUNTLEY POWER LLC
A SUBSIDIARY OF NRG ENERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PONTOON SOLUTIONS, INC.
TONAWANDA, NEW YORK
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 December 23, 2015 by the International Brotherhood of
Electrical Workers, Local Union 97 on behalf of workers of
Huntley Power LLC, a subsidiary of NRG Energy, Inc., including
on-site leased workers from Pontoon Solutions, Inc.,
Tonawanda, New York (herein known as "Huntley Power LLC" or
"workers' firm"). The workers' firm is engaged in activities
related to the production of electrical generation, capacity and
ancillary services.
During the course of the investigation, information was
collected from the petitioner, workers' firm, and major
declining customer.
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 electrical generation, capacity and
ancillary services by Huntley Power LLC 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 Huntley Power LLC 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
Huntley Power LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Huntley Power LLC, a
subsidiary of NRG Energy, Inc., including on-site leased
workers from Pontoon Solutions, Inc., Tonawanda, New York, who
are engaged in activities related to the production of
electrical generation, capacity and ancillary services 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 Huntley Power LLC, a subsidiary of NRG
Energy, Inc., including on-site leased workers from
Pontoon Solutions, Inc., Tonawanda, New York, who became
totally or partially separated from employment on or after
December 22, 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/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-91,257
HUNTLEY POWER LLC
A SUBSIDIARY OF NRG ENERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
PONTOON SOLUTIONS, INC. AND CLEAN MD
TONAWANDA, NEW YORK
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 Huntley
Power LLC, a subsidiary of NRG Energy, Inc., including on-site
leased workers from Pontoon Solutions, Inc., Tonawanda, New York
(TA-W-91,257). The Department’s notice of determination was
published in the Federal Register on February 25, 2016 (81 FR
9510).
At the request of the International Brotherhood of Electrical
Workers, Local Union 97, the Department reviewed the certification
for workers of the subject firm. The workers firm is engaged in
activities related to the supply of electrical generation, capacity
and ancillary services. The Tonawanda facility is a coal-fired
electric generation facility.
The company reports that workers leased from Clean MD were
employed on-site at the Tonawanda, New York location of Huntley
Power LLC, a subsidiary of NRG Energy, Inc. The Department has
determined that these workers were sufficiently under the control
of the subject firm to be considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by customer
imports of electricity from a foreign country.
Based on these findings, the Department is amending this
certification to include workers leased from Clean MD working on-
site at the Tonawanda, New York location of the subject firm.
The amended notice applicable to TA-W-91,257 is hereby issued
as follows:
"All workers from Huntley Power LLC, a subsidiary of
NRG Energy, Inc., including on-site leased workers from
Pontoon Solutions, Inc. and Clean MD, Tonawanda, New
York who became totally or partially separated from
employment on or after December 22, 2014 through January
29, 2018, and all workers in the group threatened with
total or partial separation from employment on 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 19th day of September 2016.
/s/Hope D. Kinglock
_____________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-91,257
HUNTLEY POWER LLC
A SUBSIDIARY OF NRG ENERGY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PONTOON SOLUTIONS, INC.
TONAWANDA, NEW YORK
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 December 23, 2015 by the International Brotherhood of
Electrical Workers, Local Union 97 on behalf of workers of
Huntley Power LLC, a subsidiary of NRG Energy, Inc., including
on-site leased workers from Pontoon Solutions, Inc.,
Tonawanda, New York (herein known as "Huntley Power LLC" or
"workers' firm"). The workers' firm is engaged in activities
related to the production of electrical generation, capacity and
ancillary services.
During the course of the investigation, information was
collected from the petitioner, workers' firm, and major
declining customer.
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 electrical generation, capacity and
ancillary services by Huntley Power LLC 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 Huntley Power LLC 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
Huntley Power LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Huntley Power LLC, a
subsidiary of NRG Energy, Inc., including on-site leased
workers from Pontoon Solutions, Inc., Tonawanda, New York, who
are engaged in activities related to the production of
electrical generation, capacity and ancillary services 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 Huntley Power LLC, a subsidiary of NRG
Energy, Inc., including on-site leased workers from
Pontoon Solutions, Inc., Tonawanda, New York, who became
totally or partially separated from employment on or after
December 22, 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/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance