Certified
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TAW-72736  /  General Motors Powertrain (Buffalo, NY)

Petitioner Type: Union
Impact Date: 10/28/2008
Filed Date: 11/02/2009
Most Recent Update: 01/07/2010
Determination Date: 01/07/2010
Expiration Date: 01/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,736

GENERAL MOTORS COMPANY
GMPT POWERTRAIN TONAWANDA DIVISION
BUFFALO, 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 November 2, 2009, by the United Auto Workers on behalf
of workers of General Motors Company, GMPT Powertrain -
Tonawanda Division, Buffalo, New York. The workers are engaged
in employment related to L850, L18, and Inline gasoline engines.
The petitioner alleges that workers separations occurred due
to a shift in production to Mexico.
The investigation revealed that workers of General Motors
Company who are engaged in employment related to production of
L850, L18, and Inline gasoline engines meet the criteria for
certification.
Criterion I has been met because a significant number 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 Buffalo, New
York facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of General Motors
Company, GMPT Powertrain - Tonawanda Division, Buffalo, New
York, who are engaged in employment related to production of
gasoline engines 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 Company, GMPT Powertrain -
Tonawanda Division, Buffalo, New York, who became totally
or partially separated from employment on or after October
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 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 7th day of January, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance