DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,945

PROGRESS RAIL LOCOMOTIVE, INC.
A SUBSIDIARY OF CATERPILLAR, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
APL LOGISTICS WAREHOUSE MANAGEMENT SERVICES, INC.
HODGKINS, ILLINOIS

Notice of Revised Determination
on Reconsideration

On January 9, 2018, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of APL Logistics Warehouse
Management Services, Inc., on-site at Progress Rail, Hodgkins,
Illinois. During the Reconsideration investigation, however, the
worker group was clarified to be Progress Rail Locomotive, Inc.,
a subsidiary of Caterpillar Inc., including on-site leased
workers from APL Logistics Warehouse Management Services, Inc.,
Hodgkins, Illinois (“Progress Rail”). Workers of Progress Rail
are engaged in activities related to the supply of warehousing and
kitting services, inventory support, and receiving and shipping
services.
The request for reconsideration included new information
relating to a possible acquisition of articles and services from a
foreign country as well as increased imports from a foreign
country.
Based on additional information obtained during the
reconsideration investigation, the Department determines that
workers and former workers of Progress Rail meet the worker
group certification criteria under Section 222(a) of the Trade
Act of 1974, as amended.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Progress Rail have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country a portion of the supply of
services like or directly competitive with the services supplied by
the workers of Progress Rail, which contributed importantly to
worker group separations at Progress Rail Locomotive, Inc., a
subsidiary of Caterpillar, Inc., Hodgkins, Illinois.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Progress Rail,
Hodgkins, Illinois, who were engaged in employment related to the
supply of warehousing and kitting services, inventory support, and
receiving and shipping 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 Progress Rail Locomotive, Inc., a subsidiary
of Caterpillar, Inc., including on-site leased workers from
APL Logistics Warehouse Management Services, Inc., Hodgkins,
Illinois, who became totally or partially separated from
employment on or after June 12, 2016, through two years from
the date of this certification, 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 26th day of September, 2018.

/s/ Del-Min Amy Chen
_____________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,945

APL LOGISTICS WAREHOUSE MANAGEMENT SERVICES, INC.
ON-SITE AT PROGRESS RAIL
HODGKINS, ILLINOIS

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated December 15, 2017, the United Electrical,
Radio and Machine Workers of America, Local 1166 requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of APL
Logistics Warehouse Management Services, Inc., on-site at
Progress Rail, Hodgkins, Illinois (APL Logistics). The
determination was issued on October 19, 2017.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that, with respect to Section
222(a)(2)(A)(ii) of the Act, U.S. imports of warehousing services
did not increase. Nether the workers’ firm nor their customers
reported imports in 2015, 2016, or during the period of January
through May 2017.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
warehousing services, or a like or directly competitive service,
to a foreign country or acquire the supply of such services from
a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that APL Logistics is not a Supplier or
acts as 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers’ firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
The request for reconsideration includes, but is not limited
to, new information relating to a possible acquisition of articles
and services from a foreign country as well as increased imports
from a foreign country.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 9th day of January, 2018

/s/ Del-Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,945

APL LOGISTICS WAREHOUSE MANAGEMENT SERVICES, INC.
ON-SITE AT PROGRESS RAIL
HODGKINS, ILLINOIS

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be 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
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 13, 2017 by a state workforce office on behalf of
workers of APL Logistics Warehouse Management Services, Inc.,
on-site at Progress Rail, Hodgkins, Illinois ("APL
Logistics"). The workers' firm is engaged in activities related
to the supply of warehousing services (kitting, inventory
support, receiving and shipping) in support of their
customers' locomotive repair operation.
The petitioner alleged the following, "Increased imports
of articles and loss of contract from Progress Rail and
Caterpillar."
During the course of the investigation, information was
collected from the workers' firm, the petitioner, and major
declining customer(s) of the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that U.S. imports of warehousing
services did not increase. The workers' firm nor their
customers reported imports in 2015, 2016, or during the period
of January through May 2017.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
warehousing services or a like or directly competitive service
to a foreign country or acquire warehousing services or a like
or directly competitive service from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that APL Logistics is not a Supplier or
acts as 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat
thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of APL Logistics
Warehouse Management Services, Inc., on-site at Progress Rail,
Hodgkins, Illinois engaged in activities related to the supply
of warehousing services (kitting, inventory support, receiving
and shipping) to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 19th day of October 2017.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance