Petitioner Type: State
Impact Date: 10/17/2013
Filed Date: 10/20/2014
Most Recent Update: 11/03/2016
Determination Date: 09/09/2015
Expiration Date: 09/09/2017
Employment and Training Administration
TA-W-85,605
GE POWER ELECTRONICS, INC.
GE ENERGY MANAGEMENT DIVISION
A BUSINESS UNIT OF GENERAL ELECTRIC COMPANY
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER
LINEAGE POWER GROUP
GALION, OHIO
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 9, 2015, applicable to
workers of GE Power Electronics, Inc., GE Energy Management
Division, A Business Unit of General Electric Company, Galion,
Ohio.
At the request of the State of Ohio, the Department
reviewed the certification for workers of the subject firm.
New information obtained by the Department revealed that
some workers separated from employment had their wages reported
under the name Lineage Power Group.
It is the Department’s intent to issue a certification that
accurately reflects the worker group eligible to apply for Trade
Adjustment Assistance. Accordingly, the Department is amending
this certification to properly reflect this matter.
The amended certification applicable to TA-W-85,605 is
hereby issued as follows:
"All workers of GE Power Electronics, Inc., GE Energy
Management Division, a Business Unit of General Electric
Company, including workers whose wages are reported under
Lineage Power Group, Galion, Ohio, who became totally or
partially separated from employment on or after October 17,
2013, through September 9, 2015, and all workers in the group
threatened with total or partial separation from employment on
September 9, 2015 through September 9, 2017, 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 3rd day of November, 2016
/s/ Del-Min Amy Chen
__________________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,605
GE POWER ELECTRONICS, INC.
GE ENERGY MANAGEMENT DIVISION
A BUSINESS UNIT OF GENERAL ELECTRIC COMPANY
GALION, OHIO
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 October 20, 2014,
resulted in a negative determination, issued on November 20,
2014, that was based on the findings that worker separations
at the subject firm are not attributable to increased imports
of articles or a shift in production of articles to a foreign
country. The determination was applicable to workers and former
workers of GE Power Electronics, Inc., GE Energy Management
division, a business unit of General Electric Company, Galion,
Ohio (herein referred as “GE Power Electronics, Inc.”). The
workers’ firm is engaged in activities related to the supply
of electronic repair services for DC power equipment.
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 the subject 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 workers’ firm
has shifted to a foreign country the supply of a service
like or directly competitive with the service supplied by
the workers which contributed importantly to worker group
separations at GE Power Electronics, Inc.
Conclusion
After careful review, I determine that workers of GE Power
Electronics, Inc., GE Energy Management division, a business
unit of General Electric Company, Galion, Ohio who are engaged
in activities related to the supply of electronic repair
services for DC power equipment, 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 Power Electronics, Inc., GE Energy
Management division, a business unit of General Electric
Company, Galion, Ohio who became totally or partially
separated from employment on or after October 17, 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 9th day of September, 2015
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,605
GE POWER ELECTRONICS, INC.
GE ENERGY MANAGEMENT DIVISION
A BUSINESS UNIT OF GENERAL ELECTRIC COMPANY
GALION, OHIO
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 October 20, 2014, resulted in a negative determination, issued on November 20, 2014, that was based on the findings that worker separations at the subject firm are not attributable to increased imports of articles or a shift in production of articles to a foreign country. The determination was applicable to workers and former workers of GE Power Electronics, Inc., GE Energy Management division, a business unit of General Electric Company, Galion, Ohio (herein referred as “GE Power Electronics, Inc.”). The workers’ firm is engaged in activities related to the supply of electronic repair services for DC power equipment.
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 the subject 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 workers’ firm has shifted to a foreign country the supply of a service like or directly competitive with the service supplied by the workers which contributed importantly to worker group separations at GE Power Electronics, Inc.
Conclusion
After careful review, I determine that workers of GE Power Electronics, Inc., GE Energy Management division, a business unit of General Electric Company, Galion, Ohio who are engaged in activities related to the supply of electronic repair services for DC power equipment, 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 Power Electronics, Inc., GE Energy Management division, a business unit of General Electric Company, Galion, Ohio who became totally or partially separated from employment on or after October 17, 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 9th day of September, 2015
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,605
GE POWER ELECTRONICS, INC.
GE ENERGY MANAGEMENT DIVISION
A BUSINESS UNIT OF GENERAL ELECTRIC COMPANY
GALION, OHIO
Negative Determinations 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 October 20, 2014 by the state workforce office on behalf of
workers of GE Power Electronics, Inc., GE Energy Management Division,
a business unit of General Electric Company, Galion, Ohio (GE Energy
Management). Workers of GE Energy Management are not engaged in the
production of an article but are engaged in the supply of electronic
repair services for DC power equipment.
The petitioner was filed on behalf of workers engaged in the
supply of "after market services" who are engaged in the "repair &
testing of telecommunication equipment." The petition did not
include additional information or supporting documents.
During the course of the investigation, information was
collected from the workers' firm and publically available sources.
With respect to Section 222(a)(2)(A) and Section 222(a)(2)(B) of
the Act, the investigation revealed that worker separations at GE
Energy Management are not attributable to increased imports of
articles or a shift in production of articles to a foreign country.
Rather, the investigation confirmed that the worker separations at GE
Energy Management are attributable to a shift of services.
With respect to Section 222(b) of the Act, the investigation
revealed that GE Power is not 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).
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 GE Power Electronics, Inc., GE Energy
Management Division, a business unit of General Electric Company,
Galion, Ohio, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as amended,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974,
amended.
Signed in Washington, D.C. this 20th day of November 2014
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance