Petitioner Type: Union
Impact Date: 05/28/2008
Filed Date: 05/29/2009
Most Recent Update: 02/18/2010
Determination Date: 02/18/2010
Expiration Date: 02/18/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,734
GENERAL MOTORS POWERTRAIN SMCO
SAGINAW, MICHIGAN
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 29, 2009 by the International Union, United
Automobile, Aerospace, and Agricultural Implement Workers of
America (UAW), Local 668, on behalf of workers of General Motors
Powertrain SMCO, Saginaw, Michigan. The workers are engaged in
the production of aluminum block and head castings, which are
shipped to affiliated plants where they are used in the assembly
of automotive vehicles.
The investigation revealed that workers of the General
Motors Powertrain SMCO facility, who are engaged in employment
related to the production of aluminum block and head castings,
meet the criteria for certification.
The subject workers are part of an integrated production
process supporting automotive vehicle production at a certified
General Motors location in Buffalo, New York. Workers at the
GMPT Power Train Tonawanda facility in Buffalo, New York were
certified eligible to apply for adjustment assistance based on a
shift in production to Mexico. Workers at the Saginaw, Michigan
Plant are affected by the same factors that led to the
certification of the workers engaged in the production of
automotive engines at the affiliated assembly plant.
Criterion I has been met because a significant number or
proportion of workers have been separated during the relevant
period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in
production to Mexico by General Motors Company contributed
importantly to worker group separations at the Saginaw,
Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of General Motors
Powertrain SMCO, Saginaw, Michigan who are engaged in employment
related to the production of aluminum block and head castings
meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of General Motors Powertrain SMCO, Saginaw,
Michigan, who became totally or partially separated from
employment on or after May 28, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 18th day of February, 2010
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,734
GENERAL MOTORS POWERTRAIN SMCO
SAGINAW, MICHIGAN
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 29, 2009 by the International Union, United
Automobile, Aerospace, and Agricultural Implement Workers of
America (UAW), Local 668, on behalf of workers of General Motors
Powertrain SMCO, Saginaw, Michigan. The workers are engaged in
the production of aluminum block and head castings, which are
shipped to affiliated plants where they are used in the assembly
of automotive vehicles.
The investigation revealed that workers of the General
Motors Powertrain SMCO facility, who are engaged in employment
related to the production of aluminum block and head castings,
meet the criteria for certification.
The subject workers are part of an integrated production
process supporting automotive vehicle production at a certified
General Motors location in Buffalo, New York. Workers at the
GMPT Power Train Tonawanda facility in Buffalo, New York were
certified eligible to apply for adjustment assistance based on a
shift in production to Mexico. Workers at the Saginaw, Michigan
Plant are affected by the same factors that led to the
certification of the workers engaged in the production of
automotive engines at the affiliated assembly plant.
Criterion I has been met because a significant number or
proportion of workers have been separated during the relevant
period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in
production to Mexico by General Motors Company contributed
importantly to worker group separations at the Saginaw,
Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of General Motors
Powertrain SMCO, Saginaw, Michigan who are engaged in employment
related to the production of aluminum block and head castings
meet the worker group certification criteria under Section
222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of General Motors Powertrain SMCO, Saginaw,
Michigan, who became totally or partially separated from
employment on or after May 28, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 18th day of February, 2010
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance