Petitioner Type: State
Impact Date: 10/15/2018
Filed Date: 10/16/2019
Most Recent Update: 01/28/2020
Determination Date: 01/28/2020
Expiration Date: 01/28/2022
Employment and Training Administration
TA-W-95,283
BAYOU STEEL BD HOLDINGS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM EXPRESS EMPLOYMENT,
CHEROKEE MILLWRIGHT AND MECHANICAL, TENNESSEE ASSOCIATES,
CARLTON SCALE, DYNAMIC SECURITY INC., G & A ENVIRONMENTAL
CONTRACTORS INC., AND JANI-KING
HARRIMAN, 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(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; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm 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.
The investigation was initiated in response to a petition
filed on October 16, 2019 by the state workforce office on behalf
of workers and former workers of Bayou Steel BD Holdings, LLC,
including on-site leased workers from Express Employment, Cherokee
Millwright and Mechanical, Tennessee Associates, Carlton Scale,
Dynamic Security Inc., G & A Environmental Contractors Inc., and
Jani-King, Harriman, Tennessee (Bayou Steel-Harriman). The
workers' firm is engaged in activities related to the production
of long steel products used in a variety of applications.
During the course of the investigation, information was
collected from the petition, the workers' firm, and the major
declining customer(s) of the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Bayou Steel-Harriman have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production by Bayou Steel-Harriman have decreased
absolutely. Section 222(a)(2)(A)(ii) has been met because
customer imports of articles like or directly competitive with
the article produced by Bayou Steel-Harriman have increased
during the relevant period. Section 222(a)(2)(A)(iii) has been
met because increased imports contributed importantly to worker
group separations and sales/production declines at Bayou Steel-
Harriman.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bayou Steel-Harriman,
who are engaged in activities related to the production of long
steel products, 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 Bayou Steel BD Holdings, LLC, including on-
site leased workers from Express Employment, Cherokee
Millwright and Mechanical, Tennessee Associates, Carlton
Scale, Dynamic Security Inc., G & A Environmental Contractors
Inc., and Jani-King, Harriman, Tennessee, who became totally
or partially separated from employment on or after October
15, 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 28th day of January 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance