Petitioner Type: Workers
Impact Date: 01/31/2010
Filed Date: 02/01/2011
Most Recent Update: 02/23/2011
Determination Date: 02/23/2011
Expiration Date: 02/23/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,158
PENSKE LOGISTICS, LLC
CUSTOMER SERVICE DEPARTMENT
GENERAL MOTORS AND TIER FINISHED GOODS/FINISHED GOODS DIVISION
A SUBSIDIARY OF GENERAL ELECTRIC/PENSKE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY TEMPORARY SERVICES AND MANPOWER
EL PASO, TEXAS
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 September 1, 2010, applicable to workers of Penske
Logistics, LLC, Customer Service Department, a subsidiary of
General Electric/Penske Corporation, including on-site leased
workers from Kelly Temporary Services and Manpower. The workers
are engaged in the supply of customer service. The notice was
published in the Federal Register on March 10, 2011 (76 FR
13233).
At the request of the Texas Workforce Agency, the Department
reviewed the certification for workers of the subject firm.
New information shows that the Department did not identify
the worker group department of the subject firm name in its
entirety on the certification decision. The correct name of the
worker group department of the subject firm should read Penske
Logistics, LLC, Customer Service Department, General Motors and
Tier Finished Goods/Finished Goods Division.
Accordingly, the Department is amending this certification
to correct the name of the subject firm to read Penske Logistics,
LLC, Customer Service Department, General Motors and Tier
Finished Goods/Finished Goods Division.
The amended notice applicable to TA-W-75,158 is hereby
issued as follows:
"All workers of Penske Logistics, LLC, Customer
Services Department, General Motors and Tier Finished
Goods/Finished Goods Division, a subsidiary of General
Electric/Penske Corporation, including on-site leased
workers from Kelly Temporary Services and Manpower, El
Paso, Texas, who became totally or partially separated
from employment on or after January 31, 2010, through
February 23, 2013, 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 at Washington, D.C. this 8th day of December 2011.
/s/Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,158
PENSKE LOGISTICS, LLC
CUSTOMER SERVICE DEPARTMENT
A SUBSIDIARY OF GENERAL ELECTRIC/ PENSKE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY TEMPORARY SERVICES AND MANPOWER
EL PASO, TEXAS
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:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on February 1, 2011 on behalf of workers of Penske
Logistics, LLC, Customer Service Department, a subsidiary of
General Electric/ Penske Corporation, El Paso, Texas (Penske El
Paso). The workers are engaged in customer service. The worker
group, Penske El Paso, includes on-site leased workers from Kelly
Temporary Services and Manpower.
The investigation revealed that workers of Penske El Paso who
are engaged in employment related to customer service meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of workers in customer service have become totally or
partially separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of customer service by Penske El Paso have
decreased during the relevant time period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with customer
service by Penske El Paso have increased. Specifically, the
Department of Labor conducted a survey of the subject firm’s major
declining customer regarding their purchases of customer service
during the relevant period. The survey revealed increased customer
imports of customer service.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of customer service by customers of Penske El
Paso contributed importantly to the worker group separations and
sales/production declines at Penske El Paso.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Penske Logistics, LLC,
Customer Service Department, a subsidiary of General Electric/
Penske Corporation, including on-site leased workers from Kelly
Temporary Services and Manpower, El Paso, Texas, who are engaged
in employment related to customer service 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 Penske Logistics, LLC, Customer Service
Department, a subsidiary of General Electric/ Penske
Corporation, including on-site leased workers from Kelly
Temporary Services and Manpower, El Paso, Texas, who became
totally or partially separated from employment on or after
January 31, 2010, 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 23rd day of February, 2011
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-75,158
PENSKE LOGISTICS, LLC
CUSTOMER SERVICE DEPARTMENT
GENERAL MOTORS AND TIER FINISHED GOODS/FINISHED GOODS DIVISION
A SUBSIDIARY OF GENERAL ELECTRIC/PENSKE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY TEMPORARY SERVICES AND MANPOWER
EL PASO, TEXAS
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 September 1, 2010, applicable to workers of Penske
Logistics, LLC, Customer Service Department, a subsidiary of
General Electric/Penske Corporation, including on-site leased
workers from Kelly Temporary Services and Manpower. The workers
are engaged in the supply of customer service. The notice was
published in the Federal Register on March 10, 2011 (76 FR
13233).
At the request of the Texas Workforce Agency, the Department
reviewed the certification for workers of the subject firm.
New information shows that the Department did not identify
the worker group department of the subject firm name in its
entirety on the certification decision. The correct name of the
worker group department of the subject firm should read Penske
Logistics, LLC, Customer Service Department, General Motors and
Tier Finished Goods/Finished Goods Division.
Accordingly, the Department is amending this certification
to correct the name of the subject firm to read Penske Logistics,
LLC, Customer Service Department, General Motors and Tier
Finished Goods/Finished Goods Division.
The amended notice applicable to TA-W-75,158 is hereby
issued as follows:
"All workers of Penske Logistics, LLC, Customer
Services Department, General Motors and Tier Finished
Goods/Finished Goods Division, a subsidiary of General
Electric/Penske Corporation, including on-site leased
workers from Kelly Temporary Services and Manpower, El
Paso, Texas, who became totally or partially separated
from employment on or after January 31, 2010, through
February 23, 2013, 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 at Washington, D.C. this 8th day of December 2011.
/s/Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,158
PENSKE LOGISTICS, LLC
CUSTOMER SERVICE DEPARTMENT
A SUBSIDIARY OF GENERAL ELECTRIC/ PENSKE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY TEMPORARY SERVICES AND MANPOWER
EL PASO, TEXAS
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:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or
threat of separation and to the decline in the sales or
production of such firm.
The investigation was initiated in response to a petition
filed on February 1, 2011 on behalf of workers of Penske
Logistics, LLC, Customer Service Department, a subsidiary of
General Electric/ Penske Corporation, El Paso, Texas (Penske El
Paso). The workers are engaged in customer service. The worker
group, Penske El Paso, includes on-site leased workers from Kelly
Temporary Services and Manpower.
The investigation revealed that workers of Penske El Paso who
are engaged in employment related to customer service meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of workers in customer service have become totally or
partially separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of customer service by Penske El Paso have
decreased during the relevant time period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with customer
service by Penske El Paso have increased. Specifically, the
Department of Labor conducted a survey of the subject firm’s major
declining customer regarding their purchases of customer service
during the relevant period. The survey revealed increased customer
imports of customer service.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of customer service by customers of Penske El
Paso contributed importantly to the worker group separations and
sales/production declines at Penske El Paso.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Penske Logistics, LLC,
Customer Service Department, a subsidiary of General Electric/
Penske Corporation, including on-site leased workers from Kelly
Temporary Services and Manpower, El Paso, Texas, who are engaged
in employment related to customer service 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 Penske Logistics, LLC, Customer Service
Department, a subsidiary of General Electric/ Penske
Corporation, including on-site leased workers from Kelly
Temporary Services and Manpower, El Paso, Texas, who became
totally or partially separated from employment on or after
January 31, 2010, 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 23rd day of February, 2011
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
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