Petitioner Type: State
Impact Date: 12/19/2018
Filed Date: 12/20/2019
Most Recent Update: 01/29/2020
Determination Date: 01/29/2020
Expiration Date: 01/29/2022
Employment and Training Administration
TA-W-95,501
VIVINT SOLAR DEVELOPER, LLC
A SUBSIDIARY OF VIVINT SOLAR, INC.
LEHI, UTAH
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 December 20, 2019 by a state workforce office on behalf
of workers and former workers of Vivint Solar Developer, LLC, a
subsidiary of Vivint Solar, Inc., Lehi, Utah (Vivint Solar).
The workers' firm is engaged in activities related to the
distribution and installation of certain solar energy-related
products to customers. The worker group includes remote
workers/teleworkers who report to the Lehi, Utah facility.
During the course of the investigation, information was
collected from the workers' firm and the petition.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Vivint Solar 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 the supply of services
like or directly competitive with the services supplied by the
workers which contributed importantly to worker group
separations at Vivint Solar.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Vivint Solar, who are
engaged in activities related to the distribution and
installation of certain solar energy-related products to
customers, 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 Vivint Solar Developer, LLC, a subsidiary
of Vivint Solar, Inc., Lehi, Utah, who became totally or
partially separated from employment on or after December
19, 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 29th day of January 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance