Petitioner Type: State
Impact Date: 08/29/2016
Filed Date: 08/29/2017
Most Recent Update: 12/28/2018
Determination Date: 09/19/2017
Expiration Date: 09/19/2019
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-93,099
GE MDS, LLC
GE POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, KELLY PPO, VERTISYSTEM, VIVA USA INC.,
COMPUNEL SOFTWARE GROUP, ACRO SERVICE GROUP, AXELON,
ADVASTAR SERVICE CORPORATION, LANCESOFT, AND YOH
ROCHESTER, NEW YORK
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 19, 2017, applicable to workers and former
workers of GE MDS, LLC, GE Power Division, Rochester, New York.
The Department’s Notice of determination was published in the
Federal Register on October 6, 2018 (82 FR 46834).
At the request of the State Workforce Office, the Department
reviewed the certification for workers of the subject firm. The
State asserts that leased workers from Kelly Services, Kelly PPO,
Viva USA Inc., Vertisystem, Compunel Software Group, Acro Service
Group, Axelon, Advastar Service Corporation, Lancesoft, and Yoh
were employed on-site at the Rochester, New York location of GE
MDS, LLC, GE Power Division.
The Department has determined that these workers were
sufficiently under the operational control of the subject firm to
be considered on-site leased workers at the firm.
Based on these findings, the Department is amending this
certification to include workers leased from Kelly Services, Kelly
PPO, Viva USA Inc., Vertisystem, Compunel Software Group, Acro
Service Group, Axelon, Advastar Service Corporation, Lancesoft,
and Yoh working on-site at the Rochester, New York location of GE
MDS, LLC, GE Power Division. Consequently, the amended notice
applicable to TA-W-93,099 is hereby issued as follows:
"All workers of GE MDS, LLC, GE Power Division,
including on-site leased workers from Kelly Services,
Kelly PPO, Viva USA Inc., Vertisystem, Compunel
Software Group, Acro Service Group, Axelon, Advastar
Service Corporation, Lancesoft, and Yoh, Rochester, New
York who became totally or partially separated from
employment on or after August 29, 2016 through September
19, 2019, and all workers in the group threatened with
total or partial separation from employment on September
19, 2017 through September 19, 2019, 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 December, 2018
/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-93,099
GE MDS, LLC
GE POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
ROCHESTER, NEW YORK
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 August 29, 2017 by a state workforce office on behalf
of workers of GE MDS, LLC, GE Power Division, Rochester, New
York (herein known as “GE MDS, LLC” or “workers’ firm”). The
subject worker group includes on-site leased workers from Kelly
Services. The workers’ firm is engaged in activities related to
the production of industrial wireless routers and modems,
cellular 4G routers and gateways, and circuit boards.
During the course of the investigation, information was
collected from the workers’ firm and the petitioner.
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 acquired from a foreign country articles like or
directly competitive with articles produced by the workers which
contributed importantly to worker group separations at GE MDS,
LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GE MDS, LLC, GE Power
Division, including on-site leased workers from Kelly
Services, Rochester, New York, who are engaged in activities
related to the production of industrial wireless routers and
modems, cellular 4G routers and gateways, and circuit boards
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 MDS, LLC, GE Power Division, including
on-site leased workers from Kelly Services, Rochester,
New York, who became totally or partially separated from
employment on or after August 29, 2016, 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 19th day of September 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-93,099
GE MDS, LLC
GE POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES, KELLY PPO, VERTISYSTEM, VIVA USA INC.,
COMPUNEL SOFTWARE GROUP, ACRO SERVICE GROUP, AXELON,
ADVASTAR SERVICE CORPORATION, LANCESOFT, AND YOH
ROCHESTER, NEW YORK
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 19, 2017, applicable to workers and former
workers of GE MDS, LLC, GE Power Division, Rochester, New York.
The Department’s Notice of determination was published in the
Federal Register on October 6, 2018 (82 FR 46834).
At the request of the State Workforce Office, the Department
reviewed the certification for workers of the subject firm. The
State asserts that leased workers from Kelly Services, Kelly PPO,
Viva USA Inc., Vertisystem, Compunel Software Group, Acro Service
Group, Axelon, Advastar Service Corporation, Lancesoft, and Yoh
were employed on-site at the Rochester, New York location of GE
MDS, LLC, GE Power Division.
The Department has determined that these workers were
sufficiently under the operational control of the subject firm to
be considered on-site leased workers at the firm.
Based on these findings, the Department is amending this
certification to include workers leased from Kelly Services, Kelly
PPO, Viva USA Inc., Vertisystem, Compunel Software Group, Acro
Service Group, Axelon, Advastar Service Corporation, Lancesoft,
and Yoh working on-site at the Rochester, New York location of GE
MDS, LLC, GE Power Division. Consequently, the amended notice
applicable to TA-W-93,099 is hereby issued as follows:
"All workers of GE MDS, LLC, GE Power Division,
including on-site leased workers from Kelly Services,
Kelly PPO, Viva USA Inc., Vertisystem, Compunel
Software Group, Acro Service Group, Axelon, Advastar
Service Corporation, Lancesoft, and Yoh, Rochester, New
York who became totally or partially separated from
employment on or after August 29, 2016 through September
19, 2019, and all workers in the group threatened with
total or partial separation from employment on September
19, 2017 through September 19, 2019, 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 December, 2018
/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-93,099
GE MDS, LLC
GE POWER DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
ROCHESTER, NEW YORK
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 August 29, 2017 by a state workforce office on behalf
of workers of GE MDS, LLC, GE Power Division, Rochester, New
York (herein known as “GE MDS, LLC” or “workers’ firm”). The
subject worker group includes on-site leased workers from Kelly
Services. The workers’ firm is engaged in activities related to
the production of industrial wireless routers and modems,
cellular 4G routers and gateways, and circuit boards.
During the course of the investigation, information was
collected from the workers’ firm and the petitioner.
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 acquired from a foreign country articles like or
directly competitive with articles produced by the workers which
contributed importantly to worker group separations at GE MDS,
LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GE MDS, LLC, GE Power
Division, including on-site leased workers from Kelly
Services, Rochester, New York, who are engaged in activities
related to the production of industrial wireless routers and
modems, cellular 4G routers and gateways, and circuit boards
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 MDS, LLC, GE Power Division, including
on-site leased workers from Kelly Services, Rochester,
New York, who became totally or partially separated from
employment on or after August 29, 2016, 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 19th day of September 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance