UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,112

NONMETALLIC MACHINERY ASSEMBLY, INC.

ERIE, PENNSYLVANIA

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(b) of the Act, 19 U.S.C. § 2272(b), can be satisfied
if the following criteria are 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 (or subdivision) is a Supplier or
Downstream Producer to a firm (or subdivision) 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 that was the basis for such certification;
and

(3) either

(A)the workers' firm is a supplier and the componentparts it supplied to the firm (or subdivision) describedin paragraph (2) accounted for at least 20 percent ofthe production or sales of the workers' firm; or

(B)a loss of business by the workers' firm with thefirm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation orthreat of separation.



Section 222(c)(4) of the Act, 19 U.S.C. § 2272(c)(4), defines
the term "Supplier" as "a firm that produces and supplies directly
to another firm (or subdivision) component parts for articles that
were the basis for a certification of eligibility under subsection
(a) [of Section 222 of the Act] of a group of workers employed by
such other firm."
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated November 5, 2021, and
filed on November 8, 2021, by a One-Stop Operator/Partner, on
behalf of former workers of Nonmetallic Machinery Assembly, Inc.,
Erie, Pennsylvania (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 transportation components (thermoset and
thermoplastic machined parts).
The petitioner alleges that worker separations, or threats
thereof, were due to, "This company was previously trade affected
and continued to do the same work. WABTEC outsourced all their
work to the companies they had previously partially sourced in the
past. prev pet #93705, and WABTEC's current Petition 96182, and
now they had to close."

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

Section 222(b)(1) has been met because 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.

Section 222(b)(2) has been met because Nonmetallic Machinery
Assembly, Inc., Erie, Pennsylvania is a Supplier to a firm (or
subdivision, whichever is applicable) 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 actual finished articles that were the basis for such
certification.

Section 222(b)(3)(A) has been met because the transportation
components (thermoset and thermoplastic machined parts) produced
by Nonmetallic Machinery Assembly, Inc., Erie, Pennsylvania for a
firm that employed a worker group who received a certification
of eligibility accounted for at least 20 percent of the
production or sales of Nonmetallic Machinery Assembly, Inc., Erie,
Pennsylvania.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for Alternative Trade Adjustment Assis-
tance ("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 have been met:

(I)Whether a significant number of workers in theworkers' firm are 50 years of age or older;
(II)Whether the workers in the workers' firm possessskills that are not easily transferable; and
(III)The competitive conditions within the workers'industry (i.e., conditions within the industryare adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.

The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Nonmetallic Machinery
Assembly, Inc., Erie, Pennsylvania, who are engaged in activities
related to the production of transportation components (thermoset
and thermoplastic machined parts), meet the worker group
certification criteria under Section 222(b) of the Act, 19 U.S.C.
§2272(b). In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:

"All workers of Nonmetallic Machinery Assembly, Inc., Erie,
Pennsylvania, who became totally or partially separated from
employment on or after November 5, 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 Nonmetallic Machinery Assembly, Inc., Erie,
Pennsylvania are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974, as amended."

Signed in Washington, D. C. this 13th day of December, 2021



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance