DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,770

FALCON TRANSPORT COMPANY
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
GD LEASING OF INDIANA
YOUNGSTOWN, OHIO

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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Downstream Producer" as "a firm that performs additional,
value-added production processes or services directly for
another firm for articles or services with respect to which a
group of workers in such other firm has been certified under
subsection (a) [of Section 222 of the Act]" and defines the term
"value-added production processes or services" to "include final
assembly, finishing, testing, packaging, or maintenance or
transportation services."
The investigation was initiated in response to a petition
filed on May 1, 2019, by a state workforce office on behalf of
workers of Falcon Transport Company, including workers whose
wages were reported under GD Leasing of Indiana, Youngstown,
Ohio ("Falcon Transport Company"). The workers' firm is
engaged in activities related to the supply of transportation
services.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and a major
customer of the firm.
Section 222(b)(1) has been met because a significant
number or proportion of the workers in the 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 Falcon Transport
Company is a Downstream Producer to a firm (or subdivision,
whichever is applicable) 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 services supplied to that
firm are related to the actual finished article(s) that was the
basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Falcon Transport Company with the aforementioned
firm contributed importantly to worker separations at Falcon
Transport Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Falcon Transport
Company, including workers whose wages were reported under GD
Leasing of Indiana, Youngstown, Ohio, who are engaged in
activities related to the supply of transportation services 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 Falcon Transport Company, including
workers whose wages were reported under GD Leasing of
Indiana, Youngstown, Ohio, who became totally or partially
separated from employment on or after May 1, 2018, 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 25th day of July 2019.

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