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TAW-63818  /  Delphi Thermal Systems (Lockport, NY)

Petitioner Type: Union
Impact Date: 08/04/2007
Filed Date: 08/06/2008
Most Recent Update: 09/25/2008
Determination Date: 09/25/2008
Expiration Date: 09/25/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,818

DELPHI THERMAL SYSTEMS
CURRENTLY KNOWN AS GENERAL MOTORS COMPONENTS HOLDINGS LLC
LOCKPORT OPERATIONS
LOCKPORT, NEW YORK

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 September 25, 2008,
applicable to workers of Delphi Thermal Systems, Lockport
Operations, Lockport, New York. The notice was published in the
Federal Register on October 8, 2008 (73 FR 58981).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers are
engaged in activities related to the production of automotive heat
exchanger products and HVAC modules.
New information shows that following a bankruptcy agreement,
Delphi Thermal Systems was taken over by General Motors and is
currently known as General Motors Components Holdings LLC.
Workers separated from employment at the subject firm had their
wages reported under two separate unemployment insurance (UI) tax
accounts under the names of General Motors Components Holdings LLC
and Delphi Thermal Systems.
Accordingly, the Department is amending this certification to
properly reflect this matter.
The intent of the Department’s certification is to include all
workers of Delphi Thermal Systems, currently known as General
Motors Components Holdings LLC, Lockport, New York, who were
adversely affected by imports of articles like or directly
competitive with automotive heat exchanger products and HVAC
modules.
The amended notice applicable to TA-W-63,818 is hereby issued
as follows:
"All workers of Delphi Thermal Systems, currently known as
General Motors Components Holdings LLC, Lockport Operations,
Lockport, New York, who became totally or partially separated
from employment on or after August 4, 2007 through September
25, 2010 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 6th day of April 2010

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,818

DELPHI THERMAL SYSTEMS
LOCKPORT OPERATIONS
LOCKPORT, NEW YORK

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), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on August 14, 2008 in response
to a petition filed by the United Automobile, Aerospace &
Agricultural Implement Workers of America International Union
(Local 686) on behalf of workers at Delphi Thermal Systems,
Lockport Operations, Lockport, New York. The workers at the subject
firm produce automotive heat exchanger products and HVAC modules.
The investigation revealed that employment and sales declined
at Delphi Thermal Systems, Lockport Operations, Lockport, New York
between 2006 and 2007, and January through July 2008 over the
corresponding 2007 period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of automotive heat
exchanger products and HVAC modules during 2006 and 2007 and
January through July 2008. The survey revealed an increased
reliance on imported automotive heat exchanger products and HVAC
modules during the period under investigation.
In addition, in accordance with Section 246 of 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 possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of articles
like or directly competitive with automotive heat exchanger
products and HVAC modules produced by Delphi Thermal Systems,
Lockport Operations, Lockport, New York, contributed importantly to
the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Delphi Thermal Systems, Lockport Operations,
Lockport, New York, who became totally or partially separated
from employment on or after August 4, 2007 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 25th day of September 2008


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


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