Petitioner Type: State
Impact Date: 06/26/2018
Filed Date: 06/27/2019
Most Recent Update: 11/19/2019
Determination Date: 11/19/2019
Expiration Date: 11/19/2021
Employment and Training Administration
TA-W-94,948
FALCON TRANSPORT CO.
A WHOLLY OWNED SUBSIDIARY OF CP-FTC HOLDINGS LLC
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
GD LEASING OF INDIANA LLC
LA VERGNE, TENNESSEE
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 June 27, 2019, by a state workforce office on behalf
of workers of Falcon Transport Co., a wholly owned subsidiary
of CP-FTC Holdings LLC, including workers whose wages were
reported under GD Leasing of Indiana LLC, La Vergne, Tennessee
("Falcon Transport"). 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 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 workers of Falcon
Transport 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 service is related to the
actual finished article or service that was the basis for such
certification.
Section 222(b)(3)(B) has been met because the loss of
business by Falcon Transport with the aforementioned firm
contributed importantly to worker separations at Falcon
Transport.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Falcon Transport Co.,
a wholly owned subsidiary of CP-FTC Holdings LLC, including
workers whose wages were reported under GD Leasing of Indiana
LLC, La Vergne, Tennessee, 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 Co., a wholly owned
subsidiary of CP-FTC Holdings LLC, including workers
whose wages were reported under GD Leasing of Indiana
LLC, La Vergne, Tennessee, who became totally or partially
separated from employment on or after June 26, 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 19th day of November 2019.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance