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TAW-82275  /  Delphi Automotive Systems, LLC (Kokomo, IN)

Petitioner Type: Workers
Impact Date: 12/18/2011
Filed Date: 12/19/2012
Most Recent Update: 01/28/2013
Determination Date: 01/28/2013
Expiration Date: 01/28/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,275

DELPHI AUTOMOTIVE SYSTEMS, LLC
PRODUCTS AND SERVICE SOLUTIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
BARTECH WORKFORCE MANAGEMENT
KOKOMO, INDIANA

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 January 28, 2013, applicable to workers
of Delphi Automotive Systems, LLC, Product and Service
Solutions Division, Original Equipment Service Unit, including
on-site leased workers from Bartech Workforce Management,
Kokomo, Indiana. The Department’s notice of determination was
published in the Federal Register on February 22, 2013 (Volume
78 FR Pages 12361-12363).
At the request of a petitioner, the Department reviewed the
certification for workers of the subject firm. The Department
has determined that total and partial separations of workers of
Delphi Automotive Systems, LLC, Product and Service Solutions
Division, including on-site leased workers from Bartech
Workforce Management, Kokomo, Indiana are attributable to the
shift of services that were the basis of the certification,
and that the certification should not be limited to the
Original Equipment Service Unit.
Based on these findings, the Department is amending this
certification to include all workers of Delphi Automotive
Systems, LLC, Product and Service Solutions Division,
including on-site leased workers from Bartech Workforce
Management, Kokomo, Indiana.
The amended notice applicable to TA-W-82,275 is hereby
issued as follows:
“All workers of Delphi Automotive Systems, LLC, Product and
Service Solutions Division, including on-site leased workers
from Bartech Workforce Management, Kokomo, Indiana, who
became totally or partially separated from employment on or
after December 18, 2011 through January 28, 2015, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
through January 28, 2015, 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 July, 2013.

/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-82,275

DELPHI AUTOMOTIVE SYSTEMS, LLC
PRODUCTS AND SERVICE SOLUTIONS DIVISION
ORIGINAL EQUIPMENT SERVICE UNIT
INCLUDING ON-SITE LEASED WORKERS FROM BARTECH WORKFORCE
MANAGEMENT
KOKOMO, INDIANA


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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have
contributed importantly to the workers’
separation or threat of separation.

The investigation was initiated in response to a petition
filed on December 19, 2012 by three workers on behalf of workers
of Delphi Automotive Systems, LLC, Product and Service Solutions
Division, Original Equipment (OE) Service Unit, Kokomo, Indiana
(Delphi-OE). The subject workers are engaged in activities related
to the supply of customer order processing services. The subject
worker group includes on-site leased workers from Bartech Workforce
Management.
During the course of the investigation, information was
collected from the workers’ firm and the petitioners.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Delphi-OE have become totally or
partially separated, or are threatened with such separation.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the workers,
which contributed importantly to worker group separations at
Delphi-OE.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Delphi Automotive
Systems, LLC, Product and Service Solutions Division, Original
Equipment Service Unit, Kokomo, Indiana, who are engaged in
activities related to the supply of customer order processing
services, 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 Automotive Systems, LLC, Product and
Service Solutions Division, Original Equipment Service Unit,
including on-site leased workers from Bartech Workforce
Management, Kokomo, Indiana, who became totally or partially
separated from employment on or after December 18, 2011,
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 28th day of January, 2013


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance






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