DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,329

GENERAL MOTORS LLC

RENAISSANCE CENTER

INCLUDING ON-SITE LEASED WORKERS FROM ALLEGIS GLOBAL SOLUTIONS

DETROIT, MICHIGAN

Notice of Negative Determination
on Reconsideration

On September 18, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of General Motors Renaissance
Center, Detroit, Michigan. The notice was published in the Federal
Register on October 26, 2020 (85 FR 67777).

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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The initial investigation resulted in a termination based on
the fact that the petition was invalid due to the petitioner's
inability to provide an accurate description of the group of
workers and location.

In the request for reconsideration, applicant made claims that
included new information in regards to the group of workers at the
Renaissance Center complex on whose behalf the petition was filed
and a valid address of the workers' firm, General Motors LLC.

Information obtained during the reconsideration investigation
confirmed that the subject of the investigation includes workers
and former workers of General Motors LLC, Renaissance Center,
including on-site leased workers from Allegis Global Solutions,
Detroit, Michigan. The workers' firm is engaged in activities
related to the supply of corporate administrative functions in
support of General Motors automotive manufacturing activities
(the Renaissance Center complex contains the corporate
headquarters). Specifically, the workers the subject of the
investigation supplies manual testing services, which were used
for internal purposes by General Motors.

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).

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of manual testing services or
services like or directly competitive did not increase during the
period relevant to the investigation. The workers' firm did not
import manual testing services or services like or directly
competitive.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
manual testing services or like or directly competitive services
to a foreign country or acquire manual testing services or like
or directly competitive services from a foreign country. The
manual testing services continue to be supplied within the United
States.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that General Motors LLC, Renaissance
Center is not 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). The services supplied by
the workers the subject of the investigation were not incorporated
or supplied to a firm whose workers were certified eligible to
apply for Trade Adjustment Assistance (TAA).

With respect to Section 222(b)(2) of the Act, the
investigation revealed that General Motors LLC, Renaissance
Center does not act as a 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).
The services supplied by the workers the subject of the
investigation were not performed on behalf/support of a firm whose
workers were certified eligible to apply for TAA.

Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either 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 reconsideration, I determine that the
requirements of Section 222 of the Act, 19 U.S.C. § 2272, have not
been met and affirm the original notice of negative determination
of eligibility to apply for worker adjustment assistance for
workers and former workers of General Motors LLC, Renaissance
Center, including on-site leased workers from Allegis Global
Solutions, Detroit, Michigan engaged in activities related to the
supply of manual testing services, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.

Signed in Washington, D.C. on this 20th day of July, 2021



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,329

GENERAL MOTORS RENAISSANCE CENTER
DETROIT, MICHIGAN

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated May 20, 2020, the State of Michigan
requested administrative reconsideration of the negative
determination regarding eligibility to apply for worker adjustment
assistance applicable to workers and former workers of General
Motors Renaissance Center, Detroit, Michigan. The determination
was issued on April 21, 2020.
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 included new information in
regard to the specific group of workers at the Renaissance Center
complex on whose behalf the petition was filed and a valid address
of the workers’ firm, General Motors Company.
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 18th day of September, 2020

______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,329

GENERAL MOTORS RENAISSANCE CENTER
DETROIT, MICHIGAN

Notice of Termination of Investigation

Pursuant to Section 221 of the Trade Act of 1974, as amended,
an investigation was initiated in response to a petition filed on
October 28, 2019, by a state workforce office on behalf of workers
of General Motors Renaissance Center, Detroit, Michigan.
The petition regarding the investigation has been deemed
invalid. The petition does not comply with the requirements set
forth in 29 Code of Federal Regulations (C.F.R.) 90.11(c)(2) and
90.11(c)(3). With respect to 29 C.F.R. 90.11(c)(2), the petitioner
did not specify a group of workers at the Renaissance Center
complex on whose behalf the petition was filed. With respect to 29
C.F.R. 90.11(c)(3), the investigation revealed that the address
listed in Section 2.b of the petition document is not a valid
address of the workers' firm, General Motors Company.
Consequently, the investigation has been terminated.
Signed in Washington, D.C. this 21st day of April 2020.

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