TAW-93267 / Caterpillar Inc., dba Dyersburg Transmission Facility (Dyersburg, TN)
Petitioner Type: Company
Impact Date: 11/01/2016
Filed Date: 11/02/2017
Most Recent Update: 01/09/2019
Determination Date: 11/16/2017
Expiration Date: 11/16/2019
Employment and Training Administration
TA-W-93,267
CATERPILLAR INC., DBA DYERSBURG TRANSMISSION FACILITY
ADVANCED COMPONENTS MANUFACTURING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER INC., AECOM, VONOCHEN SERVICES INC.,
TOOL & GAGE HOUSE, AND RANDSTAD
DYERSBURG, TENNESSEE
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on November 16, 2017, applicable to
workers of and former workers of Caterpillar Inc., dba Dyersburg
Transmission Facility, Advanced Components Manufacturing
Division, including on-site leased workers from Manpower Inc.,
AECom, Vonochen Services Inc., and Tool & Gage House, Dyersburg,
Tennessee. The Department’s Notice of determination was
published in the Federal Register on December 21, 2017 (82 FR
60624). The workers were engaged in activities related to the
production of medium transmission assembly.
At the request of State Workforce Office, the Department
reviewed the certification for workers of the subject firm. The
State asserts that leased workers from Randstad were employed
on-site at the Dyersburg, Tennessee location of Caterpillar
Inc., Advanced Components Manufacturing Division.
The Department has determined that these workers were
sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Randstad working
on-site at the Dyersburg, Tennessee location of Caterpillar
Inc., Advanced Components Manufacturing Division.
The amended notice applicable to TA-W-93,267 is hereby
issued as follows:
"All workers of Caterpillar Inc., dba Dyersburg
Transmission Facility, Advanced Components
Manufacturing Division, including on-site leased
workers from Manpower Inc., Aecom, Vonochen Services
Inc., Tool & Gage House, and Randstad, Dyersburg,
Tennessee who became totally or partially separated from
employment on or after November 1, 2016 through November
16, 2017, and all workers in the group threatened with
total or partial separation from employment on November
16, 2017 through November 16, 2019, 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 January, 2019
/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-93,267
CATERPILLAR INC., DBA DYERSBURG TRANSMISSION FACILITY
ADVANCED COMPONENTS MANUFACTURING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER INC., AECOM,
VONOCHEN SERVICES INC., AND TOOL & GAGE HOUSE
DYERSBURG, TENNESSEE
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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on November 2, 2017 by a company official on behalf of
workers of workers of Caterpillar Inc., dba Dyersburg
Transmission Facility, Advanced Components Manufacturing
Division, Dyersburg, Tennessee ("Caterpillar Inc., dba Dyersburg
Transmission Facility"). The subject worker group also includes
on-site leased workers from Manpower Inc., AECom, Vonochen
Services Inc., and Tool & Gage House. The workers' firm is
engaged in activities related to the production and assembling
of medium size transmissions used in construction and mining
machines.
During the course of the investigation, information was
collected from the petitioner, the workers' firm and open
sources.
Section 222(a)(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(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country the production of an
article like or directly competitive with the article supplied
by the workers which contributed importantly to worker group
separations at Caterpillar Inc., dba Dyersburg Transmission
Facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Caterpillar Inc., dba
Dyersburg Transmission Facility, Advanced Components
Manufacturing Division, including on-site leased workers from
Manpower Inc., AECom, Vonochen Services Inc., and Tool & Gage
House, Dyersburg, Tennessee, who are engaged in activities
related to the production and assembling of medium size
transmissions used in construction and mining machines 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 Caterpillar Inc., dba Dyersburg
Transmission Facility, Advanced Components Manufacturing
Division, including on-site leased workers from Manpower
Inc., AECom, Vonochen Services Inc., and Tool & Gage House,
Dyersburg, Tennessee, who became totally or partially
separated from employment on or after November 1, 2016,
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 16th day of November 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance