Petitioner Type: State
Impact Date: 10/26/2017
Filed Date: 10/29/2018
Most Recent Update: 01/24/2021
Determination Date: 03/28/2019
Expiration Date: 03/28/2021
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,281
CATERPILLAR INC.
MINING HAULING AND UNDERGROUND DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, DVA CONSULTING, SCSI, AND MANPOWER
MONTGOMERY, ILLINIOS
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 March 28, 2019, applicable to workers of Caterpillar,
Inc., Mining Hauling and Underground Division, including on-site
leased workers from Aerotek, and DVA Consulting, Montgomery,
Illinois. The Department's notice of determination was published
in the Federal Register on May 15, 2019 (84 FR 21818).
At the request of the one-stop operator or partner, the
Department reviewed the certification for workers of the subject
firm. The workers are engaged in activities related to the
production of medium wheel loaders, large wheel loaders and
compactors.
The company reports that workers leased from SCSI and
Manpower were employed on-site at the Montgomery, Illinois
location of Caterpillar, Inc. 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 SCSI and Manpower
working on-site at Caterpillar, Inc., Montgomery, Illinois. The
amended notice applicable to TA-W-94,281 is hereby issued as
follows:
"All workers of Caterpillar, Inc., Mining Hauling and
Underground Division, including on-site leased workers
from Aerotek, DVA Consulting, SCSI, and Manpower,
Montgomery, Illinois, who became totally or partially
separated from employment on or after October 26, 2017,
through March 28, 2021, 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 24th day of January, 2021.
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,281
CATERPILLAR INC.
MINING HAULING AND UNDERGROUND DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK AND DVA CONSULTING
MONTGOMERY, ILLINOIS
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 October 29, 2018 by a State Workforce Officer on behalf
of workers and former workers of Caterpillar Inc., Mining
Hauling and Underground Division, Montgomery, Illinois. The
worker group is engaged in activities related to the production
of medium wheel loaders, large wheel loaders and compactors.
The subject worker group includes on-site leased workers
from Select Aerotek and DVA Consulting.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Caterpillar Inc., Mining
Hauling and Underground Division, Montgomery, Illinois, 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 articles produced
by the workers which contributed importantly to worker group
separations at Caterpillar Inc., Mining Hauling and
Underground Division, Montgomery, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Caterpillar Inc.,
Mining Hauling and Underground Division, Montgomery, Illinois,
who are engaged in activities related to the production of
medium wheel loaders, large wheel loaders and compactors, 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., Mining Hauling and
Underground Division, including on-site leased workers
from Aerotek and DVA Consulting, Montgomery, Illinois, who
became totally or partially separated from employment on or
after October 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 28th day of March 2019.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-94,281
CATERPILLAR INC.
MINING HAULING AND UNDERGROUND DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK, DVA CONSULTING, SCSI, AND MANPOWER
MONTGOMERY, ILLINIOS
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 March 28, 2019, applicable to workers of Caterpillar,
Inc., Mining Hauling and Underground Division, including on-site
leased workers from Aerotek, and DVA Consulting, Montgomery,
Illinois. The Department's notice of determination was published
in the Federal Register on May 15, 2019 (84 FR 21818).
At the request of the one-stop operator or partner, the
Department reviewed the certification for workers of the subject
firm. The workers are engaged in activities related to the
production of medium wheel loaders, large wheel loaders and
compactors.
The company reports that workers leased from SCSI and
Manpower were employed on-site at the Montgomery, Illinois
location of Caterpillar, Inc. 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 SCSI and Manpower
working on-site at Caterpillar, Inc., Montgomery, Illinois. The
amended notice applicable to TA-W-94,281 is hereby issued as
follows:
"All workers of Caterpillar, Inc., Mining Hauling and
Underground Division, including on-site leased workers
from Aerotek, DVA Consulting, SCSI, and Manpower,
Montgomery, Illinois, who became totally or partially
separated from employment on or after October 26, 2017,
through March 28, 2021, 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 24th day of January, 2021.
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-94,281
CATERPILLAR INC.
MINING HAULING AND UNDERGROUND DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK AND DVA CONSULTING
MONTGOMERY, ILLINOIS
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 October 29, 2018 by a State Workforce Officer on behalf
of workers and former workers of Caterpillar Inc., Mining
Hauling and Underground Division, Montgomery, Illinois. The
worker group is engaged in activities related to the production
of medium wheel loaders, large wheel loaders and compactors.
The subject worker group includes on-site leased workers
from Select Aerotek and DVA Consulting.
During the course of the investigation, information was
collected from the petitioner and workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Caterpillar Inc., Mining
Hauling and Underground Division, Montgomery, Illinois, 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 articles produced
by the workers which contributed importantly to worker group
separations at Caterpillar Inc., Mining Hauling and
Underground Division, Montgomery, Illinois.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Caterpillar Inc.,
Mining Hauling and Underground Division, Montgomery, Illinois,
who are engaged in activities related to the production of
medium wheel loaders, large wheel loaders and compactors, 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., Mining Hauling and
Underground Division, including on-site leased workers
from Aerotek and DVA Consulting, Montgomery, Illinois, who
became totally or partially separated from employment on or
after October 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 28th day of March 2019.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance