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TAW-95014  /  Delphi Technologies Services, LLC (West Henrietta, NY)

Petitioner Type: Workers
Impact Date: 07/21/2018
Filed Date: 07/25/2019
Most Recent Update: 08/26/2020
Determination Date: 09/08/2019
Expiration Date: 09/08/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,014

DELPHI TECHNOLOGIES SERVICES, LLC
TECHNICAL CENTER ROCHESTER
A SUBSIDIARY OF
DELPHI POWERTRAIN SYSTEMS OPERATIONS LUXEMBOURG SARL
INCLUDING ON-SITE LEASED WORKERS FROM
BARPELLAM GUIDANT, TRIALON CORPORATION, AND VISRON DESIGN
WEST HENRIETTA, 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 8, 2019, applicable to workers of Delphi
Technologies Services, LLC, Technical Center Rochester, a
subsidiary of Delphi Powertrain Systems Operations Luxembourg
Sarl, including on-site leased workers from BarPellam Guidant and
Trialon Corporation, West Henrietta, New York. The Department’s
notice of determination was published in the Federal Register on
October 28, 2019 (84 FR 208).
At the request of a state workforce office, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in activities related to the supply of
internal research, development, testing, and design services of
future generation powertrain products, as described in the
affirmative determination.

The state workforce office reported that the subject firm
utilized leased workers from Visron Design, which were excluded
from the original certification. The subject firm verified that
these workers were assigned to Delphi Technologies Services, LLC,
Technical Center Rochester, West Henrietta, New York.
Accordingly, the Department has determined that these workers were
sufficiently under the operational control of the firm to be
considered leased workers.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by the
shift in services to a foreign country by the workers’ firm.
The amended notice applicable to TA-W-95,014, is hereby issued
as follows:
“All workers of Delphi Technologies Services, LLC, Technical
Center Rochester, a subsidiary of Delphi Powertrain Systems
Operations Luxembourg Sarl, including on-site leased workers
from BarPellam Guidant, Trialon Corporation, and Visron
Design, West Henrietta, New York, who became totally or
partially separated from employment on or after July 21, 2018,
through September 8, 2021, 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 26th day of August, 2020

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,014

DELPHI TECHNOLOGIES SERVICES, LLC
TECHNICAL CENTER ROCHESTER
A SUBSIDIARY OF
DELPHI POWERTRAIN SYSTEMS OPERATIONS LUXEMBOURG SARL
INCLUDING ON-SITE LEASED WORKERS FROM
BARPELLAM GUIDANT AND TRIALON CORPORATION
WEST HENRIETTA, 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 July 25, 2019, by three workers on behalf of workers of
Delphi Technologies Services, LLC, Technical Center Rochester,
a subsidiary of Delphi Powertrain Systems Operations
Luxembourg Sarl, including on-site leased workers from
BarPellam Guidant and Trialon Corporation, West Henrietta, New
York (herein known as the "Technical Center Rochester"). The
workers' firm is engaged in activities related to the supply
of internal research, development, testing, and design
services of future generation powertrain products.
During the course of the investigation, information was
collected from the petitioners and workers' 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 the worker group
separations at Technical Center Rochester.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Delphi Technologies
Services, LLC, Technical Center Rochester, a subsidiary of
Delphi Powertrain Systems Operations Luxembourg Sarl,
including on-site leased workers from BarPellam Guidant and
Trialon Corporation, West Henrietta, New York, who are engaged
in activities related to the supply of internal research,
development, testing, and design services of future generation
powertrain products, 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 Technologies Services, LLC,
Technical Center Rochester, a subsidiary of Delphi
Powertrain Systems Operations Luxembourg Sarl, including
on-site leased workers from BarPellam Guidant and Trialon
Corporation, West Henrietta, New York, who became totally
or partially separated from employment on or after July 21,
2018, 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 8th day of September 2019.

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