DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,162

NORFOLK SOUTHERN RAILWAY COMPANY
JUNIATA LOCOMOTIVE SHOP
A WHOLLY-OWNED SUBSIDIARY OF NORFOLK SOUTHERN CORPORATION
ALTOONA, PENNSYLVANIA

Notice of Negative Determination
on Reconsideration

On December 4, 2019, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Norfolk Southern Railway
Company, Juniata Locomotive Shop, a wholly-owned subsidiary of
Norfolk Southern Corporation, Altoona, Pennsylvania (Norfolk
Southern Railway-Juniata). The subject worker group (Norfolk
Southern Railway-Juniata) supplied locomotive repair and
refurbishing services for Norfolk Southern Railway Company.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial negative determination was based on the Department’s
findings that Norfolk Southern Railway Company imports of services
like or directly competitive with the locomotive repair and
refurbishing services supplied by the subject workers have not
increased during the relevant time period; that Norfolk Southern
Railway Company did not shift the supply of locomotive repair and
refurbishing services, or a like or directly competitive service,
to a foreign country or acquire the supply of locomotive repair and
refurbishing services, or a like or directly competitive service,
from a foreign country; that Norfolk Southern Railway-Juniata is
not 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); that Norfolk Southern Railway-Juniata does
not act as a 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 that the group
eligibility requirements under Section 222(e) of the Act, have not
been satisfied because Criterion (1) has not been met since Norfolk
Southern Railway Company has not been publicly identified by name by
the International Trade Commission as a member of a domestic industry
in an investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
The request for reconsideration alleged that the petitioning
worker group should be eligible to apply for Trade Adjustment
Assistance because Norfolk Southern Railway-Juniata was 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 such supply is related to the finished article
that was the basis for such certification and the loss of business
with the afore-referenced firm contributed importantly to worker
separations at Norfolk Southern Railway-Juniata. The request for
reconsideration also stated an investigation was needed to identify
the scope of production by Norfolk Southern Railway-Juniata.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or (e)
of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. § 2272(a)(1)) requires that a significant number or
proportion of the workers in the workers’ firm must have become
totally or partially separated or be threatened with total or
partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the Act,
19 U.S.C. § 2272(a)(2)) may be satisfied in one of two ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly competitive
with articles into which the component part produced
by the workers’ firm was directly incorporated have
increased; OR
(II)(bb) imports of articles like or directly competitive
with articles which are produced directly using the
services supplied by the workers’ firm have increased;
OR
(III) imports of articles directly incorporating component
parts not produced in the U.S. that are like or
directly competitive with the article into which the
component part produced by the workers’ firm was
directly incorporated have increased; AND
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of a
Supplier or a Downstream Producer, the following criteria must be
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
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they are
publicly identified by name by the International Trade Commission as
a member of a domestic industry in an investigation resulting in a
category of determination that is listed in Section 222(e) of the
Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption or
threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material injury
or threat thereof under section 705(b)(1)(A) or
735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning on
the date on which--
(A) a summary of the report submitted to the President by
the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal Register;
and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

Information obtained during the reconsideration investigation
confirmed that the petitioning worker group does not meet the
requirements set forth under Section 222 of the Act, 19 U.S.C. §
2272. Specifically, the Department determines that Norfolk Southern
Railway-Juniata is not 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). Rather, Norfolk Southern
Railway-Juniata supplied services directly to Norfolk Southern
Railway Company’s fleet of locomotives and not 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). Norfolk Southern
Railway-Juniata exclusively supplied locomotive repair and
refurbishing services for Norfolk Southern Railway Company
Information obtained during the reconsideration investigation
confirmed that Norfolk Southern Railway-Juniata did not produce an
article; that Norfolk Southern Railway Company did not import
locomotive repair and refurbishing services (or services like or
directly competitive with those services) during the relevant time
period; that Norfolk Southern Railway Company did not shift the
supply of locomotive repair and refurbishing services, or a like or
directly competitive service, to a foreign country or acquire the
supply of locomotive repair and refurbishing services, or a like or
directly competitive service, from a foreign country.
After careful review of previously-submitted information and
additional information obtained during the reconsideration
investigation, the Department determines that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272 have not been met.
Conclusion
After careful reconsideration, I determine that the requirements
of Section 222 of the Act, 19 U.S.C. § 2272, have not been met and
affirm the original notice of negative determination of eligibility
to apply for worker adjustment assistance for workers and former
workers of Norfolk Southern Railway Company, Juniata Locomotive
Shop, a wholly-owned subsidiary of Norfolk Southern Corporation,
Altoona, Pennsylvania, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. on this 9th day of April, 2020

/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-95,162

NORFOLK SOUTHERN RAILWAY COMPANY
JUNIATA LOCOMOTIVE SHOP
A WHOLLY-OWNED SUBSIDIARY OF NORFOLK SOUTHERN CORPORATION
ALTOONA, PENNSYLVANIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application received on November 22, 2019, a union
representative from the International Brotherhood of Electrical
Workers, Local 2273, requested administrative reconsideration of
the negative determination regarding workers’ eligibility to apply
for worker adjustment assistance applicable to workers and former
workers of Norfolk Southern Railway Company, Juniata Locomotive
Shop, a wholly-owned subsidiary of Norfolk Southern Corporation,
Altoona, Pennsylvania. The determination has not yet been posted
to the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that the workers of
the workers’ firm should be eligible for Trade Adjustment
Assistance because workers were 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 such
supply is related to the finished article that was the basis for
such certification and the loss of business with that certified
firm that employed a certified worker group contributed
importantly to worker separations at Norfolk Southern Railway
Company, Juniata Locomotive Shop, a wholly-owned subsidiary of
Norfolk Southern Corporation, Altoona, Pennsylvania.
Additionally, investigation was needed into the article-producing
side of the operation.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 4th of December, 2019

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





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,162

NORFOLK SOUTHERN RAILWAY COMPANY
JUNIATA LOCOMOTIVE SHOP
A WHOLLY-OWNED SUBSIDIARY OF NORFOLK SOUTHERN CORPORATION
ALTOONA, PENNSYLVANIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). For the Department of Labor to issue a certification for
workers under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
the following criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely; AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation
or threat of separation and to the decline in the
sales or production of such firm.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

For the Department to issue a secondary worker
certification under Section 222(b) of the Act, 19 U.S.C. §
2272(b), to workers of a Supplier or a Downstream Producer, the
following criteria must be 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
terms "Supplier" and "Downstream Producer."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on September 10, 2019 by The International Brotherhood of
Electrical Workers, Local 2273, on behalf of workers and former
workers of Norfolk Southern Railway Company, Juniata Locomotive
Shop, a wholly-owned subsidiary of Norfolk Southern
Corporation, Altoona, Pennsylvania (Norfolk Southern Railway-
Juniata). The workers' firm is engaged in activities related to
the supply of rail transportation. The subject worker group
(Norfolk Southern Railway-Juniata) supplied locomotive repair
and refurbishing services for the subject firm. The petition
states "Motors that are repaired at the Juniata Norfolk Southern
plant (Altoona, PA) are being purchased new from Mexico for less
than it costs to fix. Norfolk Southern has outsourced work to
Brazil."
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the workers' firm's imports of
services like or directly competitive with the locomotive
repair and refurbishing services supplied by the subject
workers have not increased during the relevant time period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
supply of locomotive repair and refurbishing services, or a
like or directly competitive service, to a foreign country or
acquire locomotive repair and refurbishing services, or a like
or directly competitive service, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Norfolk Southern Railway-Juniata
is not 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Norfolk Southern Railway-Juniata
does not act as a 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Norfolk Southern
Railway Company, Juniata Locomotive Shop, a wholly-owned
subsidiary of Norfolk Southern Corporation, Altoona,
Pennsylvania, to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 28th day of October 2019.

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