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TAA Decision 62273

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        	DEPARTMENT OF LABOR

	Employment and Training Administration

	TA-W-62,273

	DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
BARTECH, ACRO,SECURITAS SECURITY SERVICES, AND TAC AUTOMOTIVE
	DAYTON, OHIO

TA-W-62,273A

	DELPHI CORPORATION
DISC PADS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
BARTECH, ACRO, SECURITAS SECURITY SERVICES, AND TAC AUTOMOTIVE
	DAYTON, OHIO

Amended Certification Regarding Eligibility
 to Apply for Worker Adjustment Assistance and
 Alternative Trade Adjustment Assistance

      In accordance with Section 223 of the Trade Act of 1974 (19 
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC 
2813), as amended, the Department of Labor issued a Certification 
of Eligibility to Apply for Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance on December 21, 2007, 
applicable to workers of Delphi Corporation, Automotive Holdings 
Group Division, including on-site leased workers from Bartech and 
Acro, Dayton, Ohio, and Delphi Corporation, Disc Pads Division, 
including on-site leased workers from Bartech and Acro, Dayton, 
Ohio.  The notice was published in the Federal Register on 
January 16, 2008 (73 FR 2943). The certification was amended on 
October 30, 2008, to include on-site workers leased from 
Securitas Security Services.  The notice of amendment was 
published in the Federal Register on November 7, 2008 (73 FR 
66272).    
      At the request of petitioners, the Department reviewed the 
certification for workers of the subject firm.  The workers of 
the Automotive Holdings Group Division produce mounts and the 
workers of the Disc Pads Division produce disc pads.  New 
information shows that workers leased from TAC Automotive were 
employed on-site at the Dayton, Ohio location of Delphi 
Corporation, Automotive Holdings Group Division and the Disc Pads 
Division.  The Department has determined that these workers were 
sufficiently under the control of the subject firm to be 
considered leased workers.
     Based on these findings, the Department is amending this 
certification to include workers leased from TAC Automotive 
working on-site at the Automotive Holdings Group Division and the 
Disc Pads Division, Dayton, Ohio location of the subject firm. 
      

The amended notice applicable to TA-W-62,273 and TA-W-
62,273A are hereby issued as follows:
"Workers engaged in employment related to the 
production of mounts at Delphi Corporation, Automotive 
Holdings Group Division, including on-site leased 
workers from Bartech, Acro, Securitas Security 
Services, and TAC Automotive, Dayton, Ohio (TA-62,273), 
and workers engaged in employment related to the 
production of disc pads at Delphi Corporation, Disc 
Pads Division, including on-site leased workers from 
Bartech, Acro, Securitas Security Services, and TAC 
Automotive, Dayton, Ohio (TA-W-62,273A), who became 
totally or partially separated from employment on or 
after October 8, 2006, through December 21, 2009, are 
eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974, and are also 
eligible to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 13th day of January 2009

                             
                    /s/ Linda G. Poole__________            
                 	LINDA G. POOLE
                              Certifying Officer, Division of
      Trade Adjustment Assistance 

4510-FN-P


DEPARTMENT OF LABOR

	Employment and Training Administration

	TA-W-62,273B

	DELPHI CORPORATION
BRAKE HOSE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
BARTECH, ACRO, SECURITAS SECURITY SERVICES AND
TAC AUTOMOTIVE
	DAYTON, OHIO

Amended Certification Regarding Eligibility
 to Apply for Worker Adjustment Assistance and
 Alternative Trade Adjustment Assistance

      In accordance with Section 223 of the Trade Act of 1974 (19 
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC 
2813), as amended, the Department of Labor issued a Certification 
of Eligibility to Apply for Worker Adjustment Assistance and 
Alternative Trade Adjustment Assistance on April 25, 2008, 
applicable to workers of Delphi Corporation, Brake Hose Division, 
including on-site leased workers from Bartech and Acro, Dayton, 
Ohio.  The notice was published in the Federal Register on May 
13, 2008 (73 FR 27560).  The certification was amended on October 
30, 2008, to include on-site workers leased from Securitas 
Security Services.  The notice of amendment was published in the 
Federal Register on November 7, 2008 (73 FR 66271-66272).  
      At the request of petitioners, the Department reviewed the 
certification for workers of the subject firm.  The workers of 
the Brake Hose Division produce brake hose for the automotive 
industry.
      New information shows that workers leased from TAC 
Automotive were employed on-site at the Dayton, Ohio location of 
Delphi Corporation, Brake Hose Division.   The Department has 
determined that these workers were sufficiently under the control 
of the subject firm to be considered leased workers.
     Based on these findings, the Department is amending this 
certification to include workers leased from TAC Automotive 
working on-site at the Brake Hose Division, Dayton, Ohio location 
of the subject firm.
	The amended notice applicable to TA-W-62,273B is hereby 
issued as follows:



"All workers of Delphi Corporation, Brake Hose 
Division, including on-site leased workers from 
Bartech, Acro, Securitas Security Services, and TAC 
Automotive, Dayton, Ohio, who became totally or 
partially separated from employment on or after October 
8, 2006, through April 25, 2010, are eligible to apply 
for adjustment assistance under Section 223 of the 
Trade Act of 1974, and are also eligible to apply for 
alternative trade adjustment assistance under Section 
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 13th day of January 2009

                           
                    /s/ Linda G. Poole_________             
         			LINDA G. POOLE
                              Certifying Officer, Division of
      Trade Adjustment Assistance 

4510-FN-P


DEPARTMENT OF LABOR

	Employment and Training Administration

TA-W-62,273B

DELPHI CORPORATION
BRAKE HOSE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM BARTECH AND ACRO
DAYTON, OHIO

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

     In accordance with Section 223 of the Trade Act of 1974 (19 
USC 2273), as amended, the Department of Labor herein presents the 
results of an investigation regarding certification of eligibility 
to apply for worker adjustment assistance as a secondarily affected 
worker group.   
      In order to make an affirmative determination and issue a 
certification of eligibility for secondary workers to apply for 
Trade Adjustment Assistance, the group eligibility requirements of 
paragraph (b) of Section 222 of the Trade Act, as amended, must be 
met. It is determined in this case that the requirements of (b) of 
Section 222, as amended, have been met. 
	     The investigation was initiated on October 9, 2007 in response 
to a petition filed by United Steelworkers Local 87L on behalf of 
workers of Delphi Corporation, Brake Hose Division, Dayton, Ohio.  
The workers produced brake hose for the automotive industry.
      The subject worker group includes on-site leased workers from 
Bartech and Acro.
      Workers of Delphi Corporation, Mounts Division and Disc Pads 
Division, also located within the same facility in Dayton, Ohio, 
were certified eligible to apply for trade adjustment assistance 
(TAA) in petition numbers TA-W-62,273 and TA-W-62,273A on December 
21, 2007.  The Brake Hose Division is separately identifiable from 
these divisions.
	Employment in the division declined in 2007.
      The investigation revealed that the subject firm is a supplier 
of component parts to a manufacturer of motor vehicles whose 
workers were certified eligible to apply for trade adjustment 
assistance and the loss of business with this firm contributed 
importantly to worker separations at the subject firm.
      	In accordance with Section 246 the Trade Act of 1974 (26 USC 
2813), as amended, the Department of Labor herein presents the 
results of its investigation regarding certification of eligibility 
to apply for alternative trade adjustment assistance (ATAA) for 
older workers.   
      In order for the Department to issue a certification of 
eligibility to apply for ATAA, the group eligibility requirements 
of Section 246 of the Trade Act must be met.  The Department has 
determined in this case that the requirements of Section 246 have 
been met.
      A significant number of workers at the firm are age 50 or over 
and do not possess skills that are easily transferable.  
Competitive conditions within the industry are adverse.
Conclusion
	After careful review of the facts obtained in the 
investigation, I determine that workers of Delphi Corporation, 
Brake Hose Division, Dayton, Ohio qualify as adversely affected 
secondary workers under Section 222 of the Trade Act of 1974, as 
amended. In accordance with the provisions of the Act, I make the 
following certification:



“All workers of Delphi Corporation, Brake Hose Division, 
including on-site leased workers from Bartech and Acro, 
Dayton, Ohio, who became totally or partially separated from 
employment on or after October 8, 2006 through two years from 
the date of certification are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are 
also eligible to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C., this 25th day of April 2008

						/s/Linda G. Poole
                                                    __           
         					LINDA G. POOLE 
Certifying Officer, Division of
                 	     	Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,273
DELPHI CORPORATION
AUTOMOTIVE HOLDINGS GROUP DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM BARTECH AND ACRO
DAYTON, OHIO

TA-W-62,273A
DELPHI CORPORATION
DISC PADS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM BARTECH AND ACRO
DAYTON, OHIO

Certification Regarding Eligibility
	To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

      In accordance with Section 223 of the Trade Act of 1974, as 
amended (19 USC 2273), the Department of Labor herein presents the 
results of an investigation regarding certification of eligibility 
to apply for worker adjustment assistance.
      In order to make an affirmative determination and issue a 
certification of eligibility to apply for Trade Adjustment 
Assistance, the group eligibility requirements in either paragraph 
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. 
It is determined in this case that the requirements of (a)(2)(B) of 
Section 222 have been met.
      The investigation was initiated on October 9, 2007 in response 
to a petition filed by United Steelworkers Local 87L on behalf of 
workers at two divisions of Delphi Corporation: Automotive Holdings 
Group Division (TA-W-62,273) and the Disc Pads Division (TA-W-
62,273A), all located within the same facility in Dayton, Ohio.  
The workers of the Automotive Holdings Group Division produce 
mounts and the workers of the Disc Pads Division produce disc pads. 
 All products are used in the automotive industry.  The workers are 
separately identifiable by article.
      The subject worker group includes on-site leased workers from 
Bartech and Acro.
      An investigation on behalf of Delphi Corporation, Brake Hose 
Division, also located at the same facility in Dayton, Ohio (TA-W-
62,273B) is currently on-going.  The Brake Hose Division workers 
are also separately identifiable by article.
      The investigation revealed that sales and employment in both 
divisions declined between 2005 and 2006, and in January through 
September 2007 when compared with the same period in 2006.  
      The Automotive Holdings Group Division shifted production of 
mounts to Portugal and India in 2007.  It is likely that the 
company will increase imports of mounts.
      The Disc Pads Division shifted production of disc pads to 
China in 2007.  It is likely that the company will increase imports 
of disc pads.
      In accordance with Section 246 the Trade Act of 1974 (26 USC 
2813), as amended, the Department of Labor herein presents the 
results of its investigation regarding certification of eligibility 
to apply for alternative trade adjustment assistance (ATAA) for 
older workers.   
      In order for the Department to issue a certification of 
eligibility to apply for ATAA, the group eligibility requirements 
of Section 246 of the Trade Act must be met.  The Department has 
determined in this case that the requirements of Section 246 have 
been met.
      A significant number of workers at the firm are age 50 or over 
and possess skills that are not easily transferable.  Competitive 
conditions within the industry are adverse.
Conclusion
      After careful review of the facts obtained in the 
investigation, I determine that there was a shift in production 
from the workers’ firm or subdivision to Portugal, India, and China 
of articles that are like or directly competitive with mounts 
produced by Delphi Corporation, Automotive Holdings Group Division, 
Dayton, Ohio (TA-W-62,273) and disc pads produced by Delphi 
Corporation, Disc Pads Division, Dayton, Ohio (TA-W-62,273A), and 
there has been or is likely to be an increase in imports of like or 
directly competitive articles. In accordance with the provisions of 
the Act, I make the following certification:


"Workers engaged in employment related to the production of 
mounts at Delphi Corporation, Automotive Holdings Group 
Division, including on-site leased workers from Bartech and 
Acro, Dayton, Ohio (TA-W-62,273), and workers engaged in 
employment related to the production of disc pads at Delphi 
Corporation, Disc Pads Division, including on-site leased 
workers from Bartech and Acro, Dayton, Ohio (TA-W-62,273A), 
who became totally or partially separated from employment on 
or after October 8, 2006 through two years from the date of 
certification are eligible to apply for adjustment assistance 
under Section 223 of the Trade Act of 1974, and are also 
eligible to apply for alternative trade adjustment assistance 
under Section 246 of the Trade Act of 1974.” 
Signed in Washington, D.C., this 21st day of December 2007.

                             
						/s/Linda G. Poole
     					______________________________
                                    LINDA G. POOLE
                                    Certifying Officer, Division of 
                                    Trade Adjustment Assistance








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