DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,162

DELPHI AUTOMOTIVE SYSTEMS CORPORATION
DELPHI DELCO ELECTRONICS DIVISION
BODY AND SECURITY TEAM
OAK CREEK, WISCONSIN

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness
Act of 1988 (P.L. 100-418), the Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
The investigation was initiated on March 25, 2002, in
response to a petition filed on behalf of workers at Delphi
Automotive Systems Corporation, Delphi Delco Electronics
Division, Body and Security Team, Oak Creek, Wisconsin. The
workers were engaged in engineering design work.
The investigation revealed that the workers of Delphi
Automotive Systems Corporation, Delphi Delco Electronics
Division, Body and Security Team, Oak Creek, Wisconsin, do not
produce an article within the meaning of Section 222(3) of the
Act. The Department of Labor has consistently determined that
the performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974,
and this determination has been upheld in the U. S. Court of
Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must
originate at a production facility whose workers independently
meet the statutory criteria for certification and the reduction
must directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
A petition for NAFTA Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-
5755). A determination on that petition will be made
concurrently with this determination.


Conclusion
After careful review, I determine that all workers of
Delphi Automotive Systems Corporation, Delphi Delco Electronics
Division, Body and Security Team, Oak Creek, Wisconsin, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 16th day of April 2002.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance