Petitioner Type: Company
Impact Date: 10/13/2020
Filed Date: 10/14/2021
Most Recent Update: 11/19/2021
Determination Date: 11/19/2021
Expiration Date: 11/19/2023
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,084
NEW YORK AIR BRAKE, LLC
A WHOLLY OWNED SUBSIDIARY OF KNORR BRAKE HOLDING CORPORATION
WATERTOWN, NEW YORK
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles
which are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated October 13, 2021 and
filed on October 14, 2021 by a company official, on behalf of
former workers of New York Air Brake, LLC, a wholly subsidiary
of Knorr Brake Holding Corporation, Watertown, New York
(hereafter referred to as the "worker group"). In accordance with
20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of
teleworkers and staffed workers."
The worker group is engaged in activities related to the
production of train control systems.
The petition alleges that production was shifted to Mexico.
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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)(B) has been met because a shift in
production of train control systems was shifted to a foreign
country that is party to a Free Trade Agreement with the United
States.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
The Department has determined that the requirement set
forth within 246(a)(3)(A)(ii)(II) have not been met because
workers in the workers' firm possess skills that are easily
transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of New York Air Brake,
LLC, a wholly subsidiary of Knorr Brake Holding Corporation,
Watertown, New York, who are engaged in activities related to
the production of train control systems 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 New York Air Brake, LLC, a wholly
subsidiary of Knorr Brake Holding Corporation, Watertown,
New York, who became totally or partially separated from
employment on or after October 13, 2020, 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; and I further determine that
all workers of New York Air Brake, LLC, a wholly subsidiary
of Knorr Brake Holding Corporation, Watertown, New York are
denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974,
as amended."
Signed in Washington, D. C. this 19th day of November, 2021
/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance