Petitioner Type: State
Impact Date: 02/19/2019
Filed Date: 02/20/2020
Most Recent Update: 09/22/2020
Determination Date: 09/22/2020
Expiration Date: 09/22/2022
Employment and Training Administration
TA-W-95,708
ERIE COKE CORPORATION
A SUBSIDIARY OF GARNER LLC
INCLUDING ON-SITE LEASED WORKERS FROM
SPRESTERS INDUSTRIAL SERVICES AND KIRCHNER LLC
ERIE, 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 February 20, 2020, by a state workforce office on
behalf of workers of Erie Coke Corporation, a subsidiary of
Garner LLC, including on-site leased workers from Spresters
Industrial Services and Kirchner LLC, Erie, Pennsylvania. The
workers' firm is engaged in activities related to production
of metallurgical foundry coke of four inches and larger used in
the manufacture of cast iron metal.
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 metallurgical foundry coke by Erie Coke
Corporation, Erie, Pennsylvania 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 Erie Coke Corporation, Erie, Pennsylvania
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at Erie
Coke Corporation, Erie, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Erie Coke
Corporation, a subsidiary of Garner LLC, including on-site
leased workers from Spresters Industrial Services and Kirchner
LLC, Erie, Pennsylvania, who are engaged in activities related
to the production of metallurgical foundry coke of four inches
and larger, 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 Erie Coke Corporation, a subsidiary of
Garner LLC, including on-site leased workers from
Spresters Industrial Services and Kirchner LLC, Erie,
Pennsylvania, who became totally or partially separated
from employment on or after February 19, 2019, 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 22nd day of September 2020.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance