Certified
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TAW-91698  /  Texas & Northern Railroad Company (Lone Star, TX)

Petitioner Type: Workers
Impact Date: 04/13/2015
Filed Date: 04/14/2016
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-91,698

TEXAS & NORTHERN RAILROAD COMPANY
A SUBSIDIARY OF TRANSTAR, INC.
LONE STAR, TEXAS

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 "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on April 14, 2016 by three workers on behalf of workers of
Texas & Northern Railroad Company, a subsidiary of Transtar,
Inc., Lone Star, Texas (T&N Railroad). The workers' firm is
engaged in activities related to the supply of railroad
construction, maintenance, repair, and switching services.
During the course of the investigation, information was
collected from the workers' firm and parent company.
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 workers of T&N
Railroad is a Downstream Producer to a firm (or subdivision,
whichever is applicable) 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 services is related to
the actual finished article or service that was the basis for
such certification.
Section 222(b)(3)(B) has been met because the loss of
business by T&N Railroad with the aforementioned firm
contributed importantly to worker separations at T&N Railroad.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Texas & Northern
Railroad Company, Lone Star, Texas, who are engaged in
activities related to the supply of railroad construction,
maintenance, repair, and switching services 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 Texas & Northern Railroad Company, a
subsidiary of Transtar, Inc., Lone Star, Texas, who became
totally or partially separated from employment on or after
April 13, 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, 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