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TAW-93924A  /  Pro-Tech, Belcan, Cyient, IKOS (Pittsburgh, PA)

Petitioner Type: Company
Impact Date: 06/26/2017
Filed Date: 06/27/2018
Most Recent Update: 10/03/2018
Determination Date: 08/31/2018
Expiration Date: 08/31/2020

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-93,924

BOMBARDIER TRANSPORTATION (HOLDINGS) USA, INC.
AMERICAS REGION (AME) DIVISION FORMERLY KNOWN AS SYSTEMS
DIVISION AND ROLLING STOCK EQUIPMENT (ROQ) DIVISION FORMERLY
KNOWN AS PPC DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO AND OXFORD
SOLUTIONS
PITTSBURGH, PENNSYLVANIA

TA-W-93,924A

ON-SITE LEASED WORKERS FROM PRO-TECH, BELCAN, CYIENT, AND IKOS
REPORTING TO BOMBARDIER TRANSPORTATION (HOLDINGS) USA, INC.
AMERICAS REGION (AME) DIVISION FORMERLY KNOWN AS SYSTEMS
DIVISION AND ROLLING STOCK EQUIPMENT (ROQ) DIVISION FORMERLY
KNOWN AS PPC DIVISION
PITTSBURGH, PENNSYLVANIA

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 August 31, 2018, applicable to workers
of Bombardier Transportation (Holdings) USA, Inc., Americas
Region (AME) and Rolling Stock Equipment (ROQ) Divisions,
including on-site leased workers from Pro-Tech, Belcan, Cyient,
and IKOS, Pittsburgh, Pennsylvania. The Department of Labor
issued an Amended Certification of Regarding Eligibility to
Apply for Worker Adjustment Assistance on September 11, 2018,
applicable to workers of Bombardier Transportation (Holdings)
USA, Inc., Americas Region (AME) and Rolling Stock Equipment
(ROQ) Divisions, including on-site leased workers from Adecco,
Oxford Solutions, Pro-Tech, Belcan, Cyient, and IKOS,
Pittsburgh, Pennsylvania. The subject workers are engaged in
activities related to the production of automated transit
systems, converters and signaling systems, and are not
separately identifiable by the article produced. The
Department’s Notices of determination has yet to be published in
the Federal Register.
At the request of the state workforce office to address the
issues of overlapping impact dates and on-site leased workers,
the Department reviewed the certification and the amended
certification applicable to workers and former workers of the
subject firm.
The review shows that on August 31, 2018, a certification
of eligibility to apply for adjustment assistance was issued for
all workers of Bombardier Transportation (Holdings) USA, Inc.,
Americas Region (AME) and Rolling Stock Equipment (ROQ)
Divisions, including on-site leased workers from Pro-Tech,
Belcan, Cyient, and IKOS, Pittsburgh, Pennsylvania, separated
from employment on or after June 26, 2017 through August 31,
2020. The notice has yet to be published in the Federal
Register.
Additionally, the review shows that on September 11, 2018, an
Amended Certification of Regarding Eligibility to Apply for
Worker Adjustment Assistance was issued for all workers of
Bombardier Transportation (Holdings) USA, Inc., Americas Region
(AME) and Rolling Stock Equipment (ROQ) Divisions, including on-
site leased workers from Adecco, Oxford Solutions, Pro-Tech,
Belcan, Cyient, and IKOS, Pittsburgh, Pennsylvania, separated
from employment on or after June 26, 2017 through August 31,
2020.
In order to avoid an overlap in worker group coverage, the
Department is amending the June 26, 2017 impact date established
for TA-W-93,924, to read August 21, 2017 and is including the
names of two leasing agencies that were erroneously omitted.
The amended notice applicable to TA-W-93,924 is hereby
issued as follows:
“All workers of Bombardier Transportation (Holdings) USA,
Inc., Americas Region (AME) Division formerly known as
Systems Division, and Rolling Stock Equipment (ROQ)
Division formerly known as PPC Division, including on-site
leased workers from Adecco and Oxford Solutions,
Pittsburgh, Pennsylvania (TA-W-93,924), who became totally
or partially separated from employment on or after August
21, 2017 through August 31, 2020, and all workers in the
group threatened with total or partial separation from
employment August 31, 2018 through August 31, 2020 are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended”
and
“On-site leased workers from Pro-tech, Belcan, Cyient, and
IKOS, reporting to Bombardier Transportation (Holdings)
USA, Inc., Americas Region (AME) Division formerly known as
Systems Division, and Rolling Stock Equipment (ROQ)
Division formerly known as PPC Division, Pittsburgh,
Pennsylvania (TA-W-93,924A), who became totally or
partially separated from employment on or after June 26,
2017 through August 31, 2020, and all workers in the group
threatened with total or partial separation from employment
August 31, 2018 through August 31, 2020, 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 3rd day of October, 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-93,924

BOMBARDIER TRANSPORTATION (HOLDINGS) USA, INC.
AMERICAS REGION (AME) AND ROLLING STOCK EQUIPMENT (ROQ)
DIVISIONS
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO, OXFORD
SOLUTIONS, PRO-TECH, BELCAN, CYIENT, AND IKOS
PITTSBURGH, PENNSYLVANIA


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 August 31, 2018, applicable to workers
of Bombardier Transportation (Holdings) USA, Inc., Americas
Region (AME) and Rolling Stock Equipment (ROQ) Division,
including on-site leased workers from Pro-Tech, Belcan, Cyient,
and IKOS, Pittsburgh, Pennsylvania. The subject workers are
engaged in activities related to the production of automated
transit systems, converters, and signaling systems. The
Department’s Notice of determination has yet to be published in
the Federal Register.
Following the issuance of the determination, the Department
realized two (2) leased worker groups were erroneously omitted.

It is the Department’s intent to correctly identify the
worker group eligible to apply for Trade Adjustment Assistance
under TA-W-93,924. Consequently, the Department is amending
this certification to include workers leased from Adecco and
Oxford Solutions working on-site at Bombardier Transportation
(Holdings) USA, Inc., Americas Region (AME) and Rolling Stock
Equipment (ROQ) Divisions, Pittsburgh, Pennsylvania.
The amended notice applicable to TA-W-93,924 is hereby
issued as follows:
"All workers of Bombardier Transportation (Holdings)
USA, Inc., Americas Region (AME) and Rolling Stock
Equipment (ROQ) Divisions, including on-site leased
workers from Adecco, Oxford Solutions, Pro-Tech,
Belcan, Cyient, and IKOS, Pittsburgh, Pennsylvania,
who became totally or partially separated from
employment on or after June 26, 2017, through August
31, 2020, 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 11th day of September, 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-93,924

BOMBARDIER TRANSPORTATION (HOLDINGS) USA, INC.
AMERICAS REGION (AME) AND ROLLING STOCK EQUIPMENT (ROQ)
DIVISIONS
INCLUDING ON-SITE LEASED WORKERS FROM
PRO-TECH, BELCAN, CYIENT, AND IKOS
PITTSBURGH, 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;
(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 June 27, 2018 by a company official on behalf of workers
of Bombardier Transportation (Holdings) USA, Inc., Americas
Region (AME) and Rolling Stock Equipment (RoQ) Divisions,
including on-site leased workers from Pro-Tech, Belcan, Cyient,
and IKOS, Pittsburgh, Pennsylvania (Bombardier Transportation-
AME/RoQ). Workers of Bombardier Transportation-AME/RoQ are
engaged in activities related to the production of automated
transit systems, converters, and signaling systems, and are not
separately identifiable by the article produced.
Workers of the Rail Control Solutions (RCS) Division,
Pittsburgh, Pennsylvania are covered under TA-W-86,123 and,
therefore, are excluded from the subject worker group.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Bombardier Transportation-AME/RoQ
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 a(n) article
like or directly competitive with the article produced by the
workers which contributed importantly to worker group separations
at Bombardier Transportation-AME/RoQ.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bombardier
Transportation-AME/RoQ, who are engaged in activities related to
the production of automated transit systems, converters, and
signaling systems, 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 Bombardier Transportation (Holdings) USA,
Inc., Americas Region (AME) and Rolling Stock Equipment
(RoQ) Divisions, including on-site leased workers from Pro-
Tech, Belcan, Cyient, and IKOS, Pittsburgh, Pennsylvania,
who became totally or partially separated from employment on
or after June 26, 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 31st day of August 2018.

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