Petitioner Type: State
Impact Date: 11/16/2003
Filed Date: 11/24/2004
Most Recent Update: 12/16/2004
Determination Date: 12/16/2004
Expiration Date: 12/16/2006
Employment and Training Administration
TA-W-56,087
DELPHI AUTOMOTIVE SYSTEMS
DELPHI AHG DIVISION
ANAHEIM, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
an 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)(b) of Section 222 have been met.
The investigation was initiated on November 24, 2004 in
response to a petition filed by a State agency representative on
behalf of workers at Delphi Corporation, Delphi AHG Division,
Anaheim, California. Workers at the subject firm produce
automotive batteries.
The investigation revealed that sales, production and
employment at the subject firm decreased during the period of
January through October of 2004 compared to the same period in
2003,
The investigation further revealed that the subject firm
increased imports of automotive batteries during the period of
January through October 2004 when compared to the same period in
2003.
In addition, in accordance with Section 246 of 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) of older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number or workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion (2) has not been
met.
The investigation revealed that the affected workers possess
skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with automotive batteries produced by
Delphi Corporation, Delphi AHG Division, Anaheim, California
contributed importantly to the total or partial separation of
workers and to the declines in sales or production at that firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Delphi Corporation, Delphi AHG Division,
Anaheim, California, who became totally or partially separated
from employment on or after November 16, 2003, 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." and
I further determine that all workers of Delphi Corporation,
Delphi AHG Division, Anaheim, California are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 16th day of December, 2004
/s/ Linda G. Poole
_________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance