Petitioner Type: Union
Impact Date:
Filed Date: 10/27/2006
Most Recent Update: 11/30/2006
Determination Date: 11/30/2006
Expiration Date:
Employment and Training Administration
TA-W-60,318
DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP
JOB BANK
ANAHEIM, CALIFORNIA
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 investigation was initiated on October 27, 2006 in
response to a petition filed by the International Union of
Electronic, Electrical, Salaried, Machine and Furniture Workers-
Communications Workers of America, Local 89111, on behalf of
workers of Delphi Corporation, Automotive Holdings Group, Job
Bank, Anaheim, California, on behalf of workers producing
automotive batteries.
An earlier petition was processed for workers producing
batteries at Delphi Corporation, Delphi AHG Division, Anaheim,
California. That petition resulted in a certification of
eligibility to apply for worker adjustment assistance issued on
December 16, 2004 (TA-W-56,087).
The current petition investigation revealed that production
of batteries ceased in March 2005. Workers at the subject
facility are employed in a job bank and do not produce anything.
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
investigation revealed that although production of an article(s)
occurred within the firm or appropriate subdivision, the members
of the job bank do not support this production. Thus, the
worker group cannot be considered import impacted or affected by
a shift in production of an article.
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 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 of facts obtained in the
investigation, I determine that all workers of Delphi
Corporation, Automotive Holdings Group, Job Bank, Anaheim,
California, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974 as amended.
Signed in Washington, D.C. this 30th day of November, 2006
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance