DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,106

LEASED WORKERS FROM KELLY SERVICES
WORKING ON-SITE AT DELPHI AUTOMOTIVE SYSTEMS, LLC
POWERTRAIN DIVISION
EL PASO, TEXAS

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on July 5, 2011,
applicable to leased workers from Kelly Services working on-site
at Delphi Automotive Systems, LLC, El Paso, Texas. The workers
are engaged in activities related to warehousing and distribution
of automotive components. The notice will be published soon in
the Federal Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows the correct name of the subject firm in its’
entirety should read leased workers from Kelly Services, working
on-site at Delphi Automotive Systems, LLC, Powertrain Division,
El Paso, Texas.


Accordingly, the Department is amended this certification to
correct the name of the subject firm to read leased workers from
Kelly Services, working on-site at Delphi Automotive Systems,
LLC, Powertrain Division, El Paso, Texas.
The amended notice applicable to TA-W-80,092 is hereby
issued as follows:
"All leased workers from Kelly Services, working on-
site at Delphi Automotive Systems, LLC, Powertrain
Division, El Paso, Texas, who became totally or
partially separated from employment on or after April
5, 2010, through July 5, 2013, are eligible to apply
for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 22nd day of July 2011

/s/ Michael W. Jaffe
______
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,106

LEASED WORKERS FROM KELLY SERVICES
WORKING ON-SITE AT DELPHI AUTOMOTIVE SYSTEMS, LLC
EL PASO, TEXAS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate subdivision of
the firm, have become totally or partially separated, or
are threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers’ firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision

The investigation was initiated in response to a petition
filed on April 13, 2011 by three workers on behalf of leased
workers from Kelly Services, working on-site at Delphi Automotive
Systems, LLC, El Paso, Texas. The workers’ firm is engaged in
activities related to warehousing and distribution of automotive
components. The workers are under the operational control of
Delphi Automotive Systems and may be considered leased workers.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of automotive
components to a foreign country that is party to a free trade
agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that leased workers from Kelly Services,
working on-site at Delphi Automotive Systems, LLC, El Paso, Texas
who are engaged in activities related to warehousing and
distribution of automotive 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 leased workers from Kelly Services, working
on-site at Delphi Automotive Systems, LLC, El Paso, Texas, who
became totally or partially separated from employment on or
after April 5, 2010, 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, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended.”
Signed in Washington, D. C. this 5th day of July, 2011


/s/Michael W. Jaffe___________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance



- 6 -