DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,906

GENERAL MOTORS MILFORD PROVING GROUND
VEHICLE DEVELOPMENT DEPARTMENT
A SUBSIDIARY OF GENERAL MOTORS
INCLUDING ON-SITE LEASED WORKERS FROM
ALLEGIS GLOBAL SERVICES
MILFORD, MICHIGAN

Notice of Revised Determination
on Reconsideration

On April 14, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for
Reconsideration for the workers and former workers of General
Motors Milford Proving Ground, Vehicle Development Department, a
subsidiary of General Motors, including on-site leased workers
from Allegis Global Services, Milford, Michigan (General Motors
Milford Proving Ground-Vehicle Development Department). Workers
of General Motors Milford Proving Ground-Vehicle Development
Department are engaged in activities related to the supply of
design and engineering services for various automobile lines.
Based on a careful review of previously submitted
information, the request for reconsideration, and additional
information provided during the reconsideration investigation, the
Department determines that the subject worker group (General
Motors Milford Proving Ground-Vehicle Development Department)
has met the criteria under Section 222(b) of the Trade Act, as
amended.
Section 222(b)(1) has been met because a significant number
or proportion of the workers in General Motors Milford Proving
Ground-Vehicle Development Department have become totally or
partially separated, or are threatened to become totally or
partially separated.
Section 222(b)(2) has been met because General Motors
Milford Proving Ground-Vehicle Development Department is a
Supplier 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 is related to the production of
the article that was the basis for such certifications.
Section 222(b)(3)(B) has been met because the loss of
business with the afore-referenced firm contributed importantly
to worker separations at General Motors Milford Proving Ground-
Vehicle Development Department.
Conclusion
After careful review, I determine that workers of General
Motors Milford Proving Ground-Vehicle Development Department,
who are engaged in activities related to the supply of design
and engineering services, meet the worker group certification
criteria under Section 222(b) 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 General Motors Milford Proving Ground,
Vehicle Development Department, a subsidiary of General
Motors, including on-site leased workers from Allegis Global
Services, Milford, Michigan, who became totally or partially
separated from employment on or after June 16, 2018, through
two years from the date of this certification, and all workers
in the group threatened with total or partial separation from
employment on 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 13th day of July, 2020

/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-94,906

GENERAL MOTORS MILFORD PROVING GROUND
VEHICLE DEVELOPMENT DEPARTMENT
A SUBSIDIARY OF GENERAL MOTORS
INCLUDING ON-SITE LEASED WORKERS FROM
ALLEGIS GLOBAL SERVICES
MILFORD, MICHIGAN

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 1, 2020, a former worker requested
administrative reconsideration of the negative determination
regarding eligibility to apply for worker adjustment assistance
applicable to workers and former workers of General Motors Milford
Proving Ground, Vehicle Development Department, a subsidiary of
General Motors, including on-site leased workers from Allegis
Global Services, Milford, Michigan (GM Milford Proving Ground).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that the workers of GM
Milford Proving Ground should be eligible to apply for Trade
Adjustment Assistance (TAA) because production and services were
shifted to Korea, China, and Mexico, and that workers worked in
conjunction with other worker groups eligible to apply for TAA.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that the
Department will conduct further investigation to determine if the
workers meet the eligibility requirements of the Trade Act of 1974,
as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the U.S.
Department of Labor's prior decision. The application is, therefore,
granted.
Signed in Washington, D.C. this 14th day of April, 2020

/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-94,906

GENERAL MOTORS MILFORD PROVING GROUND
VEHICLE DEVELOPMENT DEPARTMENT
A SUBSIDIARY OF GENERAL MOTORS
INCLUDING ON-SITE LEASED WORKERS FROM
ALLEGIS GLOBAL SERVICES
MILFORD, MICHIGAN

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 17, 2019 by three workers on behalf of workers of
General Motors Milford Proving Ground, Vehicle Development
Department, a subsidiary of General Motors, including on-site
leased workers from Allegis Global Services, Milford, Michigan
(hereafter referred as "General Motors Milford Proving
Ground"). Workers of General Motors Milford Proving Ground are
engaged in activities related to the supply design and
engineering services in support of automobile production at
General Motors.
During the course of the investigation, information was
collected from the petitioners and the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or
directly competitive with the design or engineering services
supplied by General Motors Milford Proving Ground did not
occur in 2017, 2018, or during the period of January through
May 2019.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift its
supply of services like or directly competitive with the design
or engineering services supplied by General Motors Milford
Proving Ground to a foreign country or acquire the supply of
such services from a foreign country.
With respect to Section 222(b)(3) of the Act, the
investigation revealed that the services General Motors
Milford Proving Ground supplied to a firm whose workers were
certified eligible to apply for Trade Adjustment Assistance
did not account for at least 20 percent of the production or
sales of the workers' firm. Furthermore, any loss of business
sustained by General Motors Milford Proving Ground with
aforementioned firm did not contribute importantly to the
workers' separation or threat of separation for the General
Motors Milford Proving Ground.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because Criterion (1)
has not been met since the workers' firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in
an affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of General Motors
Milford Proving Ground, Vehicle Development Department, a
subsidiary of General Motors, including on-site leased workers
from Allegis Global Services, Milford, Michigan, to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 5th day of March 2020.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance