Petitioner Type: Company
Impact Date: 11/19/2018
Filed Date: 11/20/2019
Most Recent Update: 07/06/2020
Determination Date: 07/06/2020
Expiration Date: 07/06/2022
Employment and Training Administration
TA-W-95,390
AK STEEL CORPORATION
BUTLER WORKS DIVISION
A WHOLLY-OWNED SUBSIDIARY OF AK STEEL HOLDING CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM UNLIMITED STAFFING
LYNDORA, PENNSYLVANIA
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 November 20, 2019, by another authorized
representative on behalf of workers of AK Steel Corporation,
Butler Works division, a wholly-owned subsidiary of AK Steel
Holding Corporation, including on-site leased workers from
Unlimited Staffing, Lyndora, Pennsylvania (AK Steel
Corporation - Butler Works). The petitioner revised the petition
filing, clarifying the worker group location from Butler,
Pennsylvania to Lyndora, Pennsylvania. The workers' firm is
engaged in activities related to the production of stainless,
electrical, and carbon steels.
During the course of the investigation, information was
collected from the petitioner, workers' firm, and 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 such workers' firm 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 of stainless, electrical, and carbon steels
by AK Steel Corporation - Butler Works have decreased.
Section 222(a)(2)(A)(ii) has been met because customer
imports of stainless, electrical, and carbon steels like or
directly competitive with the article produced by AK Steel
Corporation - Butler Workers have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports of stainless, electrical, and
carbon steels contributed importantly to the worker group
separations and sales/production declines at AK Steel
Corporation - Butler Works.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AK Steel Corporation,
Butler Works division, a wholly-owned subsidiary of AK Steel
Holding Corporation, including on-site leased workers from
Unlimited Staffing, Lyndora, Pennsylvania, who are engaged in
activities related to the production of stainless, electrical,
and carbon steels, 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 AK Steel Corporation, Butler Works
division, a wholly-owned subsidiary of AK Steel Holding
Corporation, including on-site leased workers from
Unlimited Staffing, Lyndora, Pennsylvania, who became
totally or partially separated from employment on or after
November 19, 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 6th day of July 2020.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance