DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,270

JAC OPERATIONS, INC. & JOHNSTOWN AMERICA, LLC
A SUBSIDIARY OF FREIGHTCAR AMERICA, INC.
PARTS BUSINESS UNIT
JOHNSTOWN, 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(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 October 3, 2016 on behalf of workers of JAC
Operations, Inc. & Johnstown America, LLC, a subsidiary of
FreightCar America, Inc., Parts Business Unit, Johnstown,
Pennsylvania (subject firm). The workers' firm is engaged in
activities related to the production of freight cars. Workers
are not separately identifiable by article produced. The
subject worker group does not include on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at the subject 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 subject firm
sales and/or production have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the freight cars
produced by the subject firm have increased during the
relevant period.
Section 222(a)(2)(A)(iii) has been met because increased
imports contributed importantly to the worker group
separations and sales/production declines at the subject firm.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of the subject firm, who
are engaged in activities related to the production of freight
cars, 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 JAC Operations, Inc. & Johnstown America,
LLC, a subsidiary of FreightCar America, Inc., Parts
Business Unit, Johnstown, Pennsylvania, who became totally
or partially separated from employment on or after
September 30, 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 21st day of October 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance