Petitioner Type: Union
Impact Date: 05/24/2017
Filed Date: 05/29/2018
Most Recent Update: 12/28/2018
Determination Date: 12/28/2018
Expiration Date: 12/28/2020
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,850
SWANSON MANUFACTURING SERVICES INC.
A WHOLLY OWNED SUBSIDIARY OF SWANSON INDUSTRIES INC.
MORGANTOWN, WEST VIRGINIA
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.
The investigation was initiated in response to a petition
filed on May 29, 2018, by the United Steelworkers (USW), Local
Union 8-1003, on behalf of workers of Swanson Manufacturing
Services Inc., a wholly owned subsidiary of Swanson Industries
Inc., Morgantown, West Virginia (Swanson Manufacturing Services).
The workers' firm is engaged in activities related to the
production of hydraulic cylinders, rods, tubes, and related
assemblies for mining and mobile industries.
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 Swanson Manufacturing
Services is a Supplier 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 the component parts supplied
are related to the article or service that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by the workers' firm with the aforementioned firm
contributed importantly to worker separations at Swanson
Manufacturing Services.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Swanson Manufacturing
Services, who are engaged in activities related to the production
of hydraulic cylinders, rods, tubes, and related assemblies for
mining and mobile industries, 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 Swanson Manufacturing Services Inc., a wholly
owned subsidiary of Swanson Industries Inc., Morgantown, West
Virginia, who became totally or partially separated from
employment on or after May 24, 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 28th day of December 2018.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-93,850
SWANSON MANUFACTURING SERVICES INC.
A WHOLLY OWNED SUBSIDIARY OF SWANSON INDUSTRIES INC.
MORGANTOWN, WEST VIRGINIA
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.
The investigation was initiated in response to a petition
filed on May 29, 2018, by the United Steelworkers (USW), Local
Union 8-1003, on behalf of workers of Swanson Manufacturing
Services Inc., a wholly owned subsidiary of Swanson Industries
Inc., Morgantown, West Virginia (Swanson Manufacturing Services).
The workers' firm is engaged in activities related to the
production of hydraulic cylinders, rods, tubes, and related
assemblies for mining and mobile industries.
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 Swanson Manufacturing
Services is a Supplier 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 the component parts supplied
are related to the article or service that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by the workers' firm with the aforementioned firm
contributed importantly to worker separations at Swanson
Manufacturing Services.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Swanson Manufacturing
Services, who are engaged in activities related to the production
of hydraulic cylinders, rods, tubes, and related assemblies for
mining and mobile industries, 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 Swanson Manufacturing Services Inc., a wholly
owned subsidiary of Swanson Industries Inc., Morgantown, West
Virginia, who became totally or partially separated from
employment on or after May 24, 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 28th day of December 2018.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance