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TAW-92240  /  Progress Rail Welding Corporation (Steelton, PA)

Petitioner Type: Union
Impact Date: 09/22/2015
Filed Date: 09/23/2016
Most Recent Update: 02/09/2017
Determination Date: 02/09/2017
Expiration Date: 02/09/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,240

PROGRESS RAIL WELDING CORPORATION
F/K/A CHEMETRON RAILWAY PRODUCTS, INC.
A SUBSIDIARY OF PROGRESS RAIL SERVICES CORPORATION
A WHOLLY OWNED SUBSIDIARY OF CATERPILLAR
STEELTON, 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(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 September 23, 2016 by a union official of the United
Steelworkers, Local 1688 on behalf of workers of Progress Rail
Welding Corporation, F/K/A Chemetron Railway Products, Inc., a
subsidiary of Progress Rail Services Corporation, a wholly
owned subsidiary of Caterpillar, Steelton, Pennsylvania
(herein known as "Progress Rail Welding Corporation" or
"workers' firm"). The workers' firm is engaged in activities
related to the supply of rail welding services.
During the course of the investigation, information was
collected from the petitioner and 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 Progress Rail
Welding Corporation 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 production of steel rails, bars, ingots,
and blooms that was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Progress Rail Welding Corporation with the firm
that employed a certified worker group contributed importantly
to worker separations at Progress Rail Welding Corporation.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Progress Rail Welding
Corporation, F/K/A Chemetron Railway Products, Inc., a
subsidiary of Progress Rail Services Corporation, a wholly
owned subsidiary of Caterpillar, Steelton, Pennsylvania, who
are engaged in activities related to the supply of rail welding
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 Progress Rail Welding Corporation, F/K/A
Chemetron Railway Products, Inc., a subsidiary of
Progress Rail Services Corporation, a wholly owned
subsidiary of Caterpillar, Steelton, Pennsylvania, engaged
in activities related to the supply of rail welding
services, who became totally or partially separated from
employment on or after September 22, 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 9th day of February 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance