Petitioner Type: Workers
Impact Date: 06/04/2008
Filed Date: 06/05/2009
Most Recent Update: 03/05/2010
Determination Date: 03/05/2010
Expiration Date: 03/05/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,988
DELPHI CORPORATION
A SUBSIDIARY OF DELPHI HOLDINGS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
SECURITAS, INTERIM PHYSICIANS LLC, EDS, BARTECH GROUP
MAYS CHEMICAL COMPANY, GREATER FLINT JANITORIAL SERVICES, HSS
MATERIAL MANAGEMENT SOLUTIONS AND CONSUMER ENERGY
FLINT, MICHIGAN
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on March 5, 2010, applicable to workers of
Delphi Corporation, a subsidiary of Delphi Holdings, LLC,
including on-site leased workers from Securitas, Interim
Physicians LLC, EDS, Bartech Group, Mays Chemical Company,
Greater Flint Janitorial Services and HSS Material Management
Solutions, Flint, Michigan. The notice was published in the
Federal Register on April 23, 2010 (75 FR 21361).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of fuel modules, instrument
clusters, and air meters.
The review shows that on May 15, 2007, a certification of
eligibility to apply for adjustment assistance was issued for
all workers of Delphi Corporation Automotive Holding Group,
Flint, Michigan, engaged in the production of instrument
clusters, separated from employment on or after March 30, 2006
through May 15, 2009. The notice was published in the Federal
Register on May 30, 2007 (72 FR 30033).
The review also shows that on October 1, 2007, a
certification of eligibility to apply for adjustment assistance
was issued for all workers of Delphi Corporation Automotive
Holding Group, Flint, Michigan, engaged in the production of
fuel modules and air meters, separated from employment on or
after August 27, 2006 through October 1, 2009. The notice was
published in the Federal Register on October 17, 2007 (72 FR
58899).
In order to avoid overlaps in worker group coverage, the
Department is amending the June 4, 2008 impact date established
for TA-W-70,988 to read May 16, 2009 for workers producing
instrument clusters and October 2, 2009 for workers producing
fuel modules and air meters.
Furthermore, the company reports that workers leased from
Consumer Energy were employed on-site at the subject firm. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Consumer Energy
working on-site at the subject firm.
The amended notice applicable to TA-W-70,988 is hereby
issued as follows:
“All workers of Delphi Corporation, a subsidiary of Delphi
Holdings, LLC, including on-site leased workers from
Securitas, EDS, Bartech Group, Mays Chemicals Company,
Interim Physicians, LLC and HSS Material Management
Solutions, Flint, Michigan, engaged in the production of
instrument clusters, who became totally or partially
separated from employment on or after May 16, 2009, AND all
workers of Delphi Corporation, a subsidiary of Delphi
Holdings, LLC, including on-site leased workers of
Securitas, EDS, Bartech Group, Mays Chemicals Company,
Interim Physicians, LLC, HSS Material Management Solutions,
Flint, Michigan, engaged in the production of fuel modules
and air meters who became totally or partially separated
from employment on or after October 2, 2009, AND all leased
workers from Interim Physicians LLC, Greater Flint
Janitorial Services, HSS Material Management Solutions and
Consumer Energy, working on-site at Delphi Corporation, a
subsidiary of Delphi Holdings, LLC, Flint, Michigan, who
became totally or partially separated from employment on or
after June 4, 2008 through March 5, 2012, and all workers
in the group threatened with total or partial separation
from employment on March 5, 2010 through March 5, 2012, 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 1st day of July, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,988
DELPHI CORPORATION
A SUBSIDIARY OF DELPHI HOLDINGS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM SECURITAS,
INTERIM PHYSICIANS LLC, EDS, BARTECH GROUP, MAYS CHEMICAL
COMPANY, GREATER FLINT JANITORIAL SERVICES, AND HSS MATERIAL
MANAGEMENT SOLUTIONS
FLINT, 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 June 4, 2009, on behalf of workers of Delphi
Corporation, a subsidiary of Delphi Holdings, LLC, Flint,
Michigan (Delphi Corporation). The workers produce fuel
modules, instrument clusters, and air meters.
The worker group includes on-site leased workers from
Securitas, Interim Physicians LLC, EDS, Bartech Group, Mays
Chemical Company, Greater Flint Janitorial Services, and HSS
Material Management Solutions.
The investigation revealed that workers of Delphi
Corporation, who are engaged in employment related to the
production of fuel modules, instrument clusters, and air
meters, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers at Delphi Corporation have been totally or
partially separated, or are threatened with such separation,
during the relevant period.
Criterion II has been met because Delphi Corporation has
shifted to a foreign country the production of an article like
or directly competitive with the fuel modules, instrument
clusters, and air meters produced by the workers.
Criterion III has been met because the shift in
production to Mexico contributed importantly to worker group
separations at the Flint, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Delphi Corporation, a
subsidiary of Delphi Holdings, LLC, including on-site leased
workers from Securitas, Interim Physicians LLC, EDS, Bartech
Group, Mays Chemical Company, Greater Flint Janitorial Services,
and HSS Material Management Solutions, Flint, Michigan, who are
engaged in employment related to production of fuel modules,
instrument clusters, and air meters, 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 Delphi Corporation, a subsidiary of Delphi
Holdings, LLC, including on-site leased workers from
Securitas, Interim Physicians LLC, EDS, Bartech Group, Mays
Chemical Company, Greater Flint Janitorial Services, and
HSS Material Management Solutions, Flint, Michigan, who
became totally or partially separated from employment on or
after June 4, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the 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 5th day of March, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
2
Employment and Training Administration
TA-W-70,988
DELPHI CORPORATION
A SUBSIDIARY OF DELPHI HOLDINGS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
SECURITAS, INTERIM PHYSICIANS LLC, EDS, BARTECH GROUP
MAYS CHEMICAL COMPANY, GREATER FLINT JANITORIAL SERVICES, HSS
MATERIAL MANAGEMENT SOLUTIONS AND CONSUMER ENERGY
FLINT, MICHIGAN
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on March 5, 2010, applicable to workers of
Delphi Corporation, a subsidiary of Delphi Holdings, LLC,
including on-site leased workers from Securitas, Interim
Physicians LLC, EDS, Bartech Group, Mays Chemical Company,
Greater Flint Janitorial Services and HSS Material Management
Solutions, Flint, Michigan. The notice was published in the
Federal Register on April 23, 2010 (75 FR 21361).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of fuel modules, instrument
clusters, and air meters.
The review shows that on May 15, 2007, a certification of
eligibility to apply for adjustment assistance was issued for
all workers of Delphi Corporation Automotive Holding Group,
Flint, Michigan, engaged in the production of instrument
clusters, separated from employment on or after March 30, 2006
through May 15, 2009. The notice was published in the Federal
Register on May 30, 2007 (72 FR 30033).
The review also shows that on October 1, 2007, a
certification of eligibility to apply for adjustment assistance
was issued for all workers of Delphi Corporation Automotive
Holding Group, Flint, Michigan, engaged in the production of
fuel modules and air meters, separated from employment on or
after August 27, 2006 through October 1, 2009. The notice was
published in the Federal Register on October 17, 2007 (72 FR
58899).
In order to avoid overlaps in worker group coverage, the
Department is amending the June 4, 2008 impact date established
for TA-W-70,988 to read May 16, 2009 for workers producing
instrument clusters and October 2, 2009 for workers producing
fuel modules and air meters.
Furthermore, the company reports that workers leased from
Consumer Energy were employed on-site at the subject firm. The
Department has determined that these workers were sufficiently
under the control of the subject firm to be considered leased
workers.
Based on these findings, the Department is amending this
certification to include workers leased from Consumer Energy
working on-site at the subject firm.
The amended notice applicable to TA-W-70,988 is hereby
issued as follows:
“All workers of Delphi Corporation, a subsidiary of Delphi
Holdings, LLC, including on-site leased workers from
Securitas, EDS, Bartech Group, Mays Chemicals Company,
Interim Physicians, LLC and HSS Material Management
Solutions, Flint, Michigan, engaged in the production of
instrument clusters, who became totally or partially
separated from employment on or after May 16, 2009, AND all
workers of Delphi Corporation, a subsidiary of Delphi
Holdings, LLC, including on-site leased workers of
Securitas, EDS, Bartech Group, Mays Chemicals Company,
Interim Physicians, LLC, HSS Material Management Solutions,
Flint, Michigan, engaged in the production of fuel modules
and air meters who became totally or partially separated
from employment on or after October 2, 2009, AND all leased
workers from Interim Physicians LLC, Greater Flint
Janitorial Services, HSS Material Management Solutions and
Consumer Energy, working on-site at Delphi Corporation, a
subsidiary of Delphi Holdings, LLC, Flint, Michigan, who
became totally or partially separated from employment on or
after June 4, 2008 through March 5, 2012, and all workers
in the group threatened with total or partial separation
from employment on March 5, 2010 through March 5, 2012, 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 1st day of July, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,988
DELPHI CORPORATION
A SUBSIDIARY OF DELPHI HOLDINGS, LLC
INCLUDING ON-SITE LEASED WORKERS FROM SECURITAS,
INTERIM PHYSICIANS LLC, EDS, BARTECH GROUP, MAYS CHEMICAL
COMPANY, GREATER FLINT JANITORIAL SERVICES, AND HSS MATERIAL
MANAGEMENT SOLUTIONS
FLINT, 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 June 4, 2009, on behalf of workers of Delphi
Corporation, a subsidiary of Delphi Holdings, LLC, Flint,
Michigan (Delphi Corporation). The workers produce fuel
modules, instrument clusters, and air meters.
The worker group includes on-site leased workers from
Securitas, Interim Physicians LLC, EDS, Bartech Group, Mays
Chemical Company, Greater Flint Janitorial Services, and HSS
Material Management Solutions.
The investigation revealed that workers of Delphi
Corporation, who are engaged in employment related to the
production of fuel modules, instrument clusters, and air
meters, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers at Delphi Corporation have been totally or
partially separated, or are threatened with such separation,
during the relevant period.
Criterion II has been met because Delphi Corporation has
shifted to a foreign country the production of an article like
or directly competitive with the fuel modules, instrument
clusters, and air meters produced by the workers.
Criterion III has been met because the shift in
production to Mexico contributed importantly to worker group
separations at the Flint, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Delphi Corporation, a
subsidiary of Delphi Holdings, LLC, including on-site leased
workers from Securitas, Interim Physicians LLC, EDS, Bartech
Group, Mays Chemical Company, Greater Flint Janitorial Services,
and HSS Material Management Solutions, Flint, Michigan, who are
engaged in employment related to production of fuel modules,
instrument clusters, and air meters, 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 Delphi Corporation, a subsidiary of Delphi
Holdings, LLC, including on-site leased workers from
Securitas, Interim Physicians LLC, EDS, Bartech Group, Mays
Chemical Company, Greater Flint Janitorial Services, and
HSS Material Management Solutions, Flint, Michigan, who
became totally or partially separated from employment on or
after June 4, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the 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 5th day of March, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
2