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TAW-61038  /  Delphi Corporation (Moraine, OH)

Petitioner Type: Union
Impact Date: 02/26/2006
Filed Date: 02/27/2007
Most Recent Update: 03/16/2007
Determination Date: 03/16/2007
Expiration Date: 03/16/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,038

DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER THE EMPLOYER
IDENTIFICATION NUMBER FOR GENERAL MOTORS CORPORATION, AND
INCLUDING ON-SITE LEASED WORKERS FROM
BARTECH, MSX, INC., PRODUCTION DESIGN SERVICES,
TROY DESIGN AND SETECH, INC.
MORAINE, OHIO

Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on March 16, 2007,
applicable to workers of Delphi Corporation, Automotive Holdings
Group, including on-site leased workers of Bartech, MSX, Inc.,
Production Design Services and Troy Design, Moraine, Ohio. The
notice was published in the Federal Register on March 30, 2007
(72 FR 15167). The certification was amended on May 1, 2008
include on-site leased workers from Setech, Inc. The notice was
published in the Federal Register on May 13, 2008 (73 FR 27558)
At the request of a State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of automotive compressors and
pistons. New information provided to the Department shows that
in March 2006, following a “Plan of Reorganization” agreement
between Delphi Corporation and General Motors Corporation, some
workers of the subject firm had their wages reported under the
Unemployment Insurance (UI) tax account for General Motors
Corporation.
Accordingly, the Department is amending this certification
to properly reflect this matter.


The amended notice applicable to TA-W-63,038 is hereby
issued as follows:
"All workers of Delphi Corporation, Automotive Holdings
Group, including workers whose wages are reported under the
employer identification number for General Motors
Corporation, and including on-site leased workers from
Bartech, MSX, Inc., Production Design Services, Troy Design
and Setech, Inc., Moraine, Ohio, who became totally or
partially separated from employment on or after February 26,
2006, through March 16, 2009, 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 at Washington, D.C., this 7th day of July 2008


/s/ Linda G. Poole______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,038

DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP
INCLUDING ON-SITE LEASED WORKERS OF
BARTECH, MSX INC., PRODUCITON DESIGN SERVICES, AND TROY
DESIGN
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on February 27, 2007 in
response to a petition filed by the International Union of
Electronic, Electrical, Salaried, Machine, and Furniture Workers -
Communications Workers of America, Local 801 on behalf of workers
at Delphi Corporation, Automotive Holdings Group, Moraine, Ohio the
workers produce automotive compressors and pistons.
The investigation revealed that the subject firm employs on-
site leased workers from Bartech, MSX Inc., Production Design
Services, and Troy Design.
The investigation revealed that the decline in employment at
the subject firm is related to a shift in production of automotive
compressors and pistons, to Mexico, a country that is party to a
free trade agreement with the United States.
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 do not possess skills that are easily transferable. Competitive
conditions within the industry are adverse.



Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there has been a shift in production
from Delphi Corporation, Automotive Holdings Group, Moraine, Ohio to
Mexico of articles that are like or directly competitive with the
automotive compressors and pistons produced by 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, including on-site leased workers of Bartech,
MSX Inc., Production Design Services, and Troy Design at
Delphi Corporation, Automotive Holdings Group, Moraine, Ohio
who became totally or partially separated from employment on
or after February 26, 2006, 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 16th day of March, 2007


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,038

DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
BARTECH, MSX, INC., PRODUCTION DESIGN SERVICES, TROY DESIGN
AND SETECH, INC.
MORAINE, OHIO

Amended 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), and Section 246
of the Trade Act of 1974 (26 USC 2813), as amended, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance on March 16, 2007, applicable to workers of Delphi Corporation,
Automotive Holdings Group, including on-site leased workers from Bartech, MSX, Inc.,
Production Design Services and Troy Design, Moraine, Ohio. The notice was published in the
Federal Register on March 30, 2007 (72 FR 15167).
At the request of the petitioners, the Department reviewed the certification for workers of
the subject firm. The workers were engaged in the production of automotive compressors and
pistons.
New information shows that leased workers of Setech, Inc. were employed on-site at the
Moraine, Ohio location of Delphi Corporation, Automotive Holdings Group. The Department
has determined that these workers were sufficiently under the control of the subject firm to be
considered leased workers.
Based on these findings, the Department is amending this certification to include leased
workers of Setech, Inc. working on-site at the Moraine, Ohio location of the subject firm.
The intent of the Department’s certification is to include all workers employed at Delphi
Corporation, Automotive Holdings Group, Moraine, Ohio, who were adversely affected by a
shift in production of automotive compressors and pistons to Mexico.


The amended notice applicable to TA-W-61,038 is hereby issued as follows:
"All workers of Delphi Corporation, Automotive Holdings Group, including on-
site leased workers of Bartech, MSX, Inc., Production Design Services, Troy
Design and Setech, Inc., Moraine, Ohio, who became totally or partially separated
from employment on or after February 26, 2006 through March 16, 2009, 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 at Washington, D.C. this 1st day of May 2008

/s/ Linda G. Poole
_______________________________ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance




4510-FN-P









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