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TAW-92398  /  Kahului Trucking and Storage, Inc. (Kahului, HI)

Petitioner Type: Union
Impact Date: 11/03/2015
Filed Date: 11/07/2016
Most Recent Update: 12/20/2016
Determination Date: 12/20/2016
Expiration Date: 12/20/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,398

KAHULUI TRUCKING & STORAGE, INC.
BULK SUGAR AND MOLASSES DIVISION
A SUBSIDIARY OF ALEXANDER & BALDWIN, INC.
KAHULUI, HAWAII

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 November 7, 2016 by the International Longshore and
Warehouse Union (ILWU), Local 142 on behalf of workers of
Kahului Trucking & Storage, Inc., Bulk Sugar and Molasses
division, a subsidiary of Alexander & Baldwin, Inc., Kahului,
Hawaii (herein referred to as "KT&S Bulk Sugar and Molasses
division"). The workers' firm is engaged in activities related
to the supply of bulk sugar and molasses trucking, storage, and
shipping services. The subject worker group includes workers
and drivers working within the Bulk Sugar and Molasses division.
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 workers of KT&S
Bulk Sugar and Molasses division are a 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 service 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 KT&S Bulk Sugar and Molasses division with the
aforementioned firm contributed importantly to worker
separations at KT&S Bulk Sugar and Molasses division.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kahului Trucking &
Storage, Inc., Bulk Sugar and Molasses division, a subsidiary
of Alexander & Baldwin, Inc., Kahului, Hawaii, who are engaged
in activities related to the supply of bulk sugar and molasses
trucking, storage, and shipping 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 Kahului Trucking & Storage, Inc., Bulk
Sugar and Molasses division, a subsidiary of Alexander &
Baldwin, Inc., Kahului, Hawaii, who became totally or
partially separated from employment on or after November 3,
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 20th day of December 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance