Denied
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TAW-64309  /  General Motors Corporation (Janesville, WI)

Petitioner Type: Union
Impact Date:
Filed Date: 10/30/2008
Most Recent Update: 01/05/2009
Determination Date: 01/05/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,309

GENERAL MOTORS CORPORATION
VEHICLE MANUFACTURING DIVISION
JANESVILLE ASSEMBLY PLANT
LINE 1
JANESVILLE, WISCONSIN

Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;



B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on October 30, 2008, in
response to a petition filed by the United Automobile, Aerospace &
Agricultural Implement Workers of America International Union,
Local 95, on behalf of workers of General Motors Corporation,
Vehicle Manufacturing Division, Janesville Assembly Plant, Line 1,
Janesville, Wisconsin. The workers assembled Chevrolet Suburban,
Chevrolet Tahoe, GMC Yukon and GMC Yukon XL. Workers of Line 1 are
not separately identifiable by specific vehicle.
The Janesville Assembly Plant had two manufacturing lines:
Line 1 and Line 3. The workers of the two lines are separately
identifiable by product and only workers of Line 1 are the subject
of this investigation.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not increase its imports of Chevrolet
Suburban, Chevrolet Tahoe, GMC Yukon and GMC Yukon XL, nor did it
shift production of those vehicles to a foreign country during the
relevant period.
The Department of Labor conducted an analysis of the United
States market share of vehicles like or directly competitive with
the vehicles produced in Line 1 of the Janesville Assembly Plant.
Chevrolet Suburban, Chevrolet Tahoe, GMC Yukon and GMC Yukon XL are
large sport-utility vehicles. The investigation determined that
imports of such vehicles declined both absolutely and relative to
domestic sales in both January through September 2008 compared with
the same period in 2007, and in October 2007 through September
2008, compared with the same period in the prior year. The period
analyses also revealed an increased market share for the subject
vehicles in both sets of time periods.
With the shutdown of the Line 1 at Janesville, production
there is being shifted to another domestic facility.
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 the facts obtained in the
investigation, I determine that all workers of General Motors
Corporation, Vehicle Manufacturing Division, Janesville Assembly
Plant, Line 1, Janesville, Wisconsin, 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 5th day of January 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance