DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,373

GE INDUSTRIAL SOLUTIONS SERVICE ENGINEERING ORGANIZATION
ATLANTA, GEORGIA

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the Trade
Preferences Extension Act of 2015, Public Law No. 114-27, section
405(a)(1)(A), the investigation into this petition was reopened for a
reconsideration investigation to apply the requirements for worker
group eligibility under chapter 2 of title II of the Trade Act of
1974, as amended by the TAARA 2015, to the facts of this petition
(statutory reconsideration).
The initial investigation, initiated June 12, 2014, resulted in
a negative determination, issued on September 30, 2014, that was
based on worker separations not being attributable to increased
imports or a shift in production. A complaint was filed with the
United States Court of International Trade (USCIT) on November 28,
2014 (No. 14-00314); however, a joint dismissal of the case was
filed on July 20, 2015. During the Remand investigation, the worker
group was clarified to be GE Industrial Solutions Service
Engineering Organization, Atlanta, Georgia (hereafter referred to as
“GE Industrial Solutions Service Engineering Organization”).
The workers’ firm is engaged in activities related to the supply of
designing, testing, documenting, and engineering services.
“Firm includes an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy, and
receiver under decree of any court.” 29 CFR 90.2
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift in
services to a foreign country contributed importantly to the worker
group separations at GE Industrial Solutions Service Engineering
Organization, Atlanta, Georgia.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in GE Industrial Solutions Service
Engineering Organization, Atlanta, Georgia 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 workers’ firm has
shifted to a foreign country a portion of the supply of services like
or directly competitive with the services supplied by the subject
workers which contributed importantly to worker group separations
at GE Industrial Solutions Service Engineering Organization, Atlanta,
Georgia.
Conclusion
After careful review, I determine that workers of GE Industrial
Solutions Service Engineering Organization, Atlanta, Georgia, who are
engaged in activities related to the internal supply of designing,
testing, documenting, and engineering 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 GE Industrial Solutions Service Engineering
Organization, Atlanta, Georgia, who became totally or partially
separated from employment on or after June 11, 2013, 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 20th day of May, 2016

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




DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-85,373

GENERAL ELECTRIC INTERNATIONAL, INC.
ENGINEERING ORGANIZATION
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND AXIEM
PLAINVILLE, CONNECTICUT

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 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) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(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
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery 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.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
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) the workers' firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and

(3) either
(A) the workers' firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to the
workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on June 12, 2014 by a State Workforce Office on behalf of
workers of General Electric International, Inc., Engineering
Organization, Plainville, Connecticut. The worker group is engaged
in activities related to the supply of design and development of
electrical distribution products (i.e. circuit breakers,
switchgear, panel boards, electrical controls, and busway) and is
inclusive of project management functions for the development of
new service offerings. The worker group includes on-site leased
workers from AeroTek and Axiem.
The petitioner alleged that project management and
engineering work had been outsourced to a company in India.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that the worker separations are not
attributable to increased imports of electrical distribution
products.
With respect to Section 222(a)(2)(B), the investigation
revealed that the worker separations are not attributable to a
shift in production of electrical distribution products to a
foreign country. Rather, the investigation confirmed that the
worker separations are attributable to voluntary attrition within
the Engineering Organization and the firm's decision to eliminate
one position to reduce costs.
With respect to 222(b), the investigation revealed that
General Electric International, Inc. is not a Supplier or
Downstream Producer to a firm that employs a TAA-certified worker
group.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of General Electric
International, Inc., Engineering Organization, including on-site
leased workers from AeroTek and Axiem, Plainville, Connecticut
engaged in activities related to the supply of design and
development of electrical distribution products are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 30th day of September, 2014.


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