Petitioner Type: Union
Impact Date:
Filed Date: 10/19/2004
Most Recent Update: 12/02/2004
Determination Date: 12/02/2004
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,820
THERMAL AND INTERIOR
VANDALIA OPERATIONS OF
DELPHI CORPORATION
VANDALIA, OHIO
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers’ separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. 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 on October 19, 2004 in
response to a petition filed on behalf of workers at Thermal and
Interior Vandalia Operations of Delphi Corporation, Vandalia,
Ohio. The workers produce air bags for the J-Car and W-Car.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with the air bags for the J-Car and W-Car, nor did
they shift production abroad during the relevant period.
The Department of Labor surveyed the major customers of the
subject firm regarding their purchases of air bags for the J-Car
and W-Car during 2002, 2003 and January through September 2004.
The survey revealed that the customers did not import air bags
for the J-Car and W-Car during the relevant period.
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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Thermal and Interior Vandalia Operations of Delphi Corporation,
Vandalia, Ohio are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denial eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of December 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,820A
THERMAL & INTERIOR
VANDALIA OPERATIONS OF
DELPHI CORPORATION
VANDALIA, OHIO
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, an
investigation was initiated on October 19, 2004, in response to a
petition filed by the United Steelworkers of America on behalf of
workers at Thermal & Interior Vandalia Operations of Delphi
Corporation, Vandalia, Ohio. Workers were engaged in employment
related to the production of W-car door trim and air bag covers.
The workers were separated from the subject firm more than
one year prior to the date on the petition. Section 223 (b) of
the Act specifies that no certification may apply to any worker
whose last separation occurred more than one year before the date
of the petition. Consequently, further investigation in this
case would serve no purpose, and the investigation has been
terminated.
Signed in Washington, D.C. this 2nd day of December 2004.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,820A
THERMAL & INTERIOR
VANDALIA OPERATIONS OF
DELPHI CORPORATION
VANDALIA, OHIO
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, an
investigation was initiated on October 19, 2004, in response to a
petition filed by the United Steelworkers of America on behalf of
workers at Thermal & Interior Vandalia Operations of Delphi
Corporation, Vandalia, Ohio. Workers were engaged in employment
related to the production of W-car door trim and air bag covers.
The workers were separated from the subject firm more than
one year prior to the date on the petition. Section 223 (b) of
the Act specifies that no certification may apply to any worker
whose last separation occurred more than one year before the date
of the petition. Consequently, further investigation in this
case would serve no purpose, and the investigation has been
terminated.
Signed in Washington, D.C. this 2nd day of December 2004.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-55,820
THERMAL AND INTERIOR
VANDALIA OPERATIONS OF
DELPHI CORPORATION
VANDALIA, OHIO
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers’ separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. 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 on October 19, 2004 in
response to a petition filed on behalf of workers at Thermal and
Interior Vandalia Operations of Delphi Corporation, Vandalia,
Ohio. The workers produce air bags for the J-Car and W-Car.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with the air bags for the J-Car and W-Car, nor did
they shift production abroad during the relevant period.
The Department of Labor surveyed the major customers of the
subject firm regarding their purchases of air bags for the J-Car
and W-Car during 2002, 2003 and January through September 2004.
The survey revealed that the customers did not import air bags
for the J-Car and W-Car during the relevant period.
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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Thermal and Interior Vandalia Operations of Delphi Corporation,
Vandalia, Ohio are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denial eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of December 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,820A
THERMAL & INTERIOR
VANDALIA OPERATIONS OF
DELPHI CORPORATION
VANDALIA, OHIO
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, an
investigation was initiated on October 19, 2004, in response to a
petition filed by the United Steelworkers of America on behalf of
workers at Thermal & Interior Vandalia Operations of Delphi
Corporation, Vandalia, Ohio. Workers were engaged in employment
related to the production of W-car door trim and air bag covers.
The workers were separated from the subject firm more than
one year prior to the date on the petition. Section 223 (b) of
the Act specifies that no certification may apply to any worker
whose last separation occurred more than one year before the date
of the petition. Consequently, further investigation in this
case would serve no purpose, and the investigation has been
terminated.
Signed in Washington, D.C. this 2nd day of December 2004.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,820A
THERMAL & INTERIOR
VANDALIA OPERATIONS OF
DELPHI CORPORATION
VANDALIA, OHIO
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, an
investigation was initiated on October 19, 2004, in response to a
petition filed by the United Steelworkers of America on behalf of
workers at Thermal & Interior Vandalia Operations of Delphi
Corporation, Vandalia, Ohio. Workers were engaged in employment
related to the production of W-car door trim and air bag covers.
The workers were separated from the subject firm more than
one year prior to the date on the petition. Section 223 (b) of
the Act specifies that no certification may apply to any worker
whose last separation occurred more than one year before the date
of the petition. Consequently, further investigation in this
case would serve no purpose, and the investigation has been
terminated.
Signed in Washington, D.C. this 2nd day of December 2004.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance