Denied
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TAW-63226  /  Semperian, LLC (Eugene, OR)

Petitioner Type: Workers
Impact Date:
Filed Date: 04/21/2008
Most Recent Update: 05/28/2008
Determination Date: 05/28/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,226

SEMPERIAN, LLC
DIVISION OF GMAC, LLC
EUGENE, OREGON

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 21, 2008, in
response to a petition filed on behalf of workers of Semperian,
LLC, division of GMAC, LLC, Eugene, Oregon. Workers are engaged
in work related to responding to incoming phone calls in support
of automotive loans and lease contracts. That is, the workers
assisted with general questions, payment arrangements, directing
calls to appropriate departments and supplying documents.
The investigation revealed that Semperian, LLC, division of
GMAC, LLC, Eugene, Oregon 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 workers performing sales, loans
and contract duties 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, I determine that all workers of
Semperian, LLC, division of GMAC, LLC, Eugene, Oregon are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 28th day of May 2008

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance