DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,699

WORKERS OF BARTECH TECHNICAL SERVICES, LLC
EMPLOYED AT DELPHI CSE TEST CENTER
WARREN, OHIO

Negative Determination Regarding Eligibility to Apply for
Worker 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 investigation was initiated on March 8, 2005 in response
to a petition filed on behalf of workers of Bartech Technical
services, LLC, employed at Delphi CSE Test Center, Warren, Ohio.
Workers at the subject facility perform testing services of
prototype parts and materials made at Delphi facilities
domestically and abroad. The parts and materials are for internal
company use.
The investigation revealed that workers of Bartech Technical
services, LLC, employed at Delphi CSE Test Center, Warren, Ohio do
not produce an article within the meaning of Section 222(a)(2) of
the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The petitioning
worker group seeking certification does not support an affiliated
firm or appropriate subdivision that produces an article and thus
the worker group can not be considered import impacted or affected
by a shift in production of an article.
Moreover, the predominant cause of layoffs at the subject
facility was Delphi's decision to replace the leased Bartech
workers with Delphi hourly employees, and was not the result of an
increase in imports or shift in production of the prototypes and
materials tested by the subject worker group. The testing services
performed by the subject worker group are still performed at the
CSE Test Center and overall employment at the facility has remained
the same, since the Bartech employees were replaced by Delphi
hourly employees.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Bartech Technical
services, LLC, employed at Delphi CSE Test Center, Warren, Ohio are
denied eligibility to apply for adjustment assistance under section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of April 2005

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance