DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-61,287

KELLY SERVICES
A LEASED WORKER GROUP LEASED TO
HSS MATERIAL MANAGEMENT SOLUTIONS
WORKING ONSITE AT
DELPHI CORPORATION
SAGINAW, MICHIGAN

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 April 11, 2007 in
response to a petition filed by the State of Michigan on behalf
of workers of Kelly Services, a leased worker group leased to
HSS Material Management Solutions, working on-site at Delphi
Corporation, Saginaw, Michigan. The workers of the subject firm
performed data entry services.
The investigation found that the Kelly Services workers
leased to HSS Material Management Solutions working on-site at
Delphi Corporation did data entry work and this type of work is
not associated with the production of any articles.
The investigation revealed that Kelly Services, a leased
worker group leased to HSS Material Management Solutions,
working on-site at Delphi Corporation, Saginaw, Michigan, does
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
data entry workers described above do not support a firm or
appropriate subdivision that produces an article domestically
and thus the worker group can not 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 Kelly Services, a
leased worker group leased to HSS Material Management Solutions,
working on-site at Delphi Corporation, Saginaw, Michigan, 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 18th day of June, 2007


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