DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,624

JOHNSTOWN AMERICA CORP.
FRANKLIN AND SHELL PLANTS
JOHNSTOWN, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on February 5, 2001 in
response to a petition filed by the United Steelworkers of
America, Local 2635 on behalf of workers at Johnstown America
Corp., Franklin & Shell Plants, Johnstown, Pennsylvania. Workers
were engaged in activities related to the production of railroad
cars and parts.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import railroad cars and parts back to the United States during
the relevant period.
The Department of Labor conducted a survey of the subject
plant's major declining customers regarding their purchases of
railroad cars and parts during the relevant period. The survey
revealed that none of the respondents increased their imports of
railroad cars and/or parts, while decreasing their purchases from
the subject plant during the relevant period.
Conclusion
After careful review, I determine that all workers of
Johnstown America Corp., Franklin & Shell Plants, Johnstown,
Pennsylvania are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 16th day of February, 2001.


/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance