Petitioner Type: Union
Impact Date: 12/04/2002
Filed Date: 12/09/2003
Most Recent Update: 01/14/2004
Determination Date: 01/14/2004
Expiration Date: 01/14/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,742
DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP
MORAINE, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on December 9, 2003 in response to a petition filed by International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers - Communications Workers of America on behalf of workers at Delphi Corporation, Automotive Holdings Group, Moraine, Ohio. The workers produce air conditioning compressors.
The investigation revealed that sales, production and employment at the subject firm decreased from 2001 to 2002 and in January through November of 2003 compared to the same period of 2002.
The investigation further revealed that the subject firm increased their imports of air conditioning compressors during the period under investigation
In addition, in accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with air conditioning compressors produced at Delphi Corporation, Automotive Holdings Group, Moraine, Ohio contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Delphi Corporation, Automotive Holdings Group, Moraine, Ohio who became totally or partially separated from employment on or after December 4, 2002 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D. C., this 14th day of January, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,742
DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP
MORAINE, OHIO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(A) of Section 222 have been met.
The investigation was initiated on December 9, 2003 in response to a petition filed by International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers - Communications Workers of America on behalf of workers at Delphi Corporation, Automotive Holdings Group, Moraine, Ohio. The workers produce air conditioning compressors.
The investigation revealed that sales, production and employment at the subject firm decreased from 2001 to 2002 and in January through November of 2003 compared to the same period of 2002.
The investigation further revealed that the subject firm increased their imports of air conditioning compressors during the period under investigation
In addition, in accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine that increases of imports of articles like or directly competitive with air conditioning compressors produced at Delphi Corporation, Automotive Holdings Group, Moraine, Ohio contributed importantly to the total or partial separation of workers and to the decline in sales or production at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Delphi Corporation, Automotive Holdings Group, Moraine, Ohio who became totally or partially separated from employment on or after December 4, 2002 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D. C., this 14th day of January, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance