Certified
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TAW-93446  /  GenOn Energy Services, LLC (New Florence, PA)

Petitioner Type: Union
Impact Date: 01/17/2017
Filed Date: 01/25/2018
Most Recent Update: 03/15/2018
Determination Date: 03/15/2018
Expiration Date: 03/15/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,446

GENON ENERGY SERVICES, LLC
PA-MOBILE MAINTENANCE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM THE EMPYREAN GROUP
NEW FLORENCE, 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 January 25, 2018 by the International Brotherhood of
Electrical Workers (IBEW), Local 459 on behalf of workers of
GenOn Energy Services, LLC, PA-Mobile Maintenance division,
New Florence, Pennsylvania ("GenOn Energy Services, LLC, PA-
Mobile Maintenance division"). The workers' firm is engaged in
activities related to the production of electricity.
Specifically, the workers supply maintenance services to the
firm's electrical power generating plants. The subject worker
group includes on-site leased workers from The Empyrean Group.
During the course of the investigation, information was
collected from the workers' firm, the major declining
customer(s) of the workers' firm, and the petitioner.
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)(A)(i) has been met because the sales
and/or production of electricity by GenOn Energy Services,
LLC, PA-Mobile Maintenance division have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
articles produced by GenOn Energy Services, LLC, PA-Mobile
Maintenance division have increased in reliance to firm
production.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer reliance on imports contributed importantly
to the worker group separations and sales/production declines
at GenOn Energy Services, LLC, PA-Mobile Maintenance division.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GenOn Energy
Services, LLC, PA-Mobile Maintenance division, including on-
site leased workers from The Empyrean Group, New Florence,
Pennsylvania, who are engaged in activities related to the
production of electricity, specifically the supply of
maintenance activities to the firm's electrical power
generating plants 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 GenOn Energy Services, LLC, PA-Mobile
Maintenance division, including on-site leased workers
from The Empyrean Group, New Florence, Pennsylvania, who
became totally or partially separated from employment on or
after January 17, 2017 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 15th day of March 2018.

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