DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,194

DELPHI ROCHESTER OPERATION
DELPHI POWERTRAIN DIVISION
A SUBSIDIARY OF DELPHI CORPORATION
CURRENTLY KNOWN AS GM COMPONENTS HOLDING, LLC
INCLUDING ON-SITE LEASED WORKERS FROM BARTECH
ROCHESTER, NEW YORK


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 July 24, 2009, applicable to
the workers of Delphi Rochester Operations, Delphi
Powertrain Division, A subsidiary of Delphi Corporation,
including on-site leased workers from Bartech, Rochester,
New York. The notice was published in the Federal Register
on September 2, 2009 (74 FR 45477).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm.
The workers are engaged in activities related to the
production of automotive emission devices and fuel and air
components.
Information shows that effective October 7, 2009, the
Delphi Rochester Operations became known as GM Components
Holding, LLC. Information also shows that the workers
separated from employment at the subject firm had their
wages reported under a separate unemployment insurance (UI)
tax account for GM Components Holding, LLC.
According, the Department is amending this
certification to properly reflect this matter.
The intent of the Department’s certification is to
include all workers of the subject firm who were adversely
affected by the shift in production of automotive emission
devices and fuel and air components to China.
The amended notice applicable to TA-W-71,194 is hereby
issued as follows:



“All workers of Delphi Rochester Operations, Delphi
Powertrain Division, a subsidiary of Delphi
Corporation, currently known as GM Components Holding,
LLC, Rochester, New York, including on-site leased
workers from Bartech, who became totally or partially
separated from employment on or after June 9, 2009,
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 17th day of November, 2009.


/s/ Elliott S. Kushner
_________________________________
ELLIOTT S. KUSHNER
Certification Officer, Division
Of Trade Adjustment Assistance

4510-FN-P


Correction
8/5/09
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,194

DELPHI ROCHESTER OPERATIONS
DELPHI POWERTRAIN DIVISION
A SUBSIDIARY OF DELPHI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM BARTECH
ROCHESTER, NEW YORK


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 12, 2009 by United Auto Workers,
Local 1097 on behalf of workers of Delphi Rochester
Operations, Delphi Powertrain Division, a subsidiary of
Delphi Corporation, Rochester, New York (Delphi Rochester
Operations). The workers produce automotive emission
devices and fuel and air components. The worker group also
includes on-site leased workers from Bar-Tech. The workers
are not separately identifiable by product line. The
workers were under an existing certification (TA-W-61,409)
through June 8, 2009.
The investigation revealed that workers of Delphi
Rochester Operations who are engaged in employment related
to the production of automotive emission devices and fuel
and air components meet the criteria for certification.
Criterion I has been met because at least 5 percent
of workers’ were separated in January through April 2009
when compared with the previous year.
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 of
automotive emission devices and fuel and air components to
China by Delphi Rochester Operations contributed
importantly to worker group separations at Delphi
Rochester Operations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Delphi Rochester
Operations, Delphi Powertrain Division, a subsidiary of
Delphi Corporation, including on-site leased workers from
Bar-Tech, who are engaged in employment related to the
production of automotive emission devices and fuel and air
components 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 Rochester Operations, Delphi
Powertrain Division, a subsidiary of Delphi
Corporation, Rochester, New York, including on-site
leased workers from Bar-Tech, who became totally or
partially separated from employment on or after June 9,
2009, 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 24th day of July, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of
Trade Adjustment Assistance





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