DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-42,322

KELLY STAFF LEASING, INC.
SAN DIEGO, CALIFORNIA

TA-W-42,322A

KELLY SERVICES, INC.
TROY, MICHIGAN

TA-W-42,322B

DELPHI AUTOMOTIVE SYSTEMS
EL PASO, TEXAS


Negative Determinations Regarding Eligibility
To Apply for NAFTA-Transitional 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
eligibility to apply for worker adjustment assistance.
The investigation was initiated on November 1, 2002 in
response to a petition filed on behalf of workers at Kelly Staff
Leasing, Inc., San Diego, California (TA-W-42,322), Kelly Services,
Inc., Troy, Michigan (TA-W-42,322A), and Delphi Automotive Systems,
El Paso, Texas(TA-W-42,322B). Workers of Kelly Staff Leasing,
Inc., San Diego, California, and Kelly Services, Inc., Troy,
Michigan, provide human resources/staffing services at Delphi
Automotive Systems, El Paso, Texas. Workers at Delphi Automotive
Systems, El Paso, Texas, provide management, distribution and
scheduling services for plants in Mexico.
The investigation revealed that the workers of the subject
units did not produce an article within the meaning of Section
222(3) of the Trade Act, as amended. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject firms may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject units.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject firms (NAFTA-7650).


Conclusion
After careful review, I determine that all workers at Kelly
Staff Leasing, Inc., San Diego, California (TA-W-42,322), Kelly
Services, Inc., Troy, Michigan (TA-W-42,322A), and Delphi
Automotive Systems, El Paso, Texas (TA-W-42,322B) are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of November, 2002

/s/ Linda G. Poole

__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance