Petitioner Type: Union
Impact Date: 04/29/2001
Filed Date: 05/13/2002
Most Recent Update: 09/10/2002
Determination Date: 09/10/2002
Expiration Date: 04/30/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,543
GENERAL ELECTRIC TRANSPORTATION SYSTEMS
A SUBSIDIARY OF GENERAL ELECTRIC COMPANY
ERIE, PENNSYLVANIA
Notice of Determinations
on Reconsideration
By application dated October 11, 2002, the United
Electrical, Radio & Machine Workers of America, Local 506,
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on September 10, 2002, based on the finding
that imports of diesel electric locomotive components including
U-tubes and gear cases, diesel electric locomotives and off-
highway drive systems did not contribute importantly to worker
separations at the Erie plant. The denial notice was published
in the Federal Register on September 27, 2002 (67 FR 61160).
To support the request for reconsideration, the union
supplied additional information to supplement that which was
gathered during the initial investigation. The union supplied a
list of products (brush holder assemblies, 761,752 traction
motors, alternators, traction motor field coils) that were
allegedly shifted to foreign sources and potentially imported
back to the United States.
The company was contacted in regard to all imported products
that were like or directly competitive with those produced at the
subject facility, as well as those shifted from the subject
facility, in 2000 through 2002. In addition, a copy of the
union’s reconsideration request was forwarded to the company for
their response. The company’s response revealed that the only
products shifted and subsequently imported during the relevant
period which impacted subject firm layoffs were u-tubes and gear
cases. Workers producing u-tubes and gear cases are separately
identifiable from other functions conducted at the subject
facility. Therefore, workers at the subject facility producing u-
tubes and gear cases meet the eligibility requirements of the
Trade Act of 1974.
Further, the company reported shifting “Design III”
functions (drafting) to a foreign country during the relevant
period. These workers were engaged in a service, and did not
supply a significant amount of support to workers producing u-
tubes and gear cases, and thus do not meet the eligibility
requirements of the Trade Act. Only in very limited instances
are service workers certified for TAA, namely the worker
separations must be caused by a reduced demand for their services
from a parent or controlling firm or subdivision whose workers
produce an article and who are currently under certification for
TAA.
The company indicated that the products listed by the union
were shifted to foreign sources and imported back to the United
States. However, the shift of these products did not affect the
petitioning worker groups, thus it has no bearing on this
investigation.
The company also supplied a list of foreign competitors that
produce locomotives, traction motors, alternators, OHV wheels,
blowers and drill motors, apparently implying that potential
imports from these competitors contributed importantly to
purchasing trends of subject firm customers in the relevant
period.
The "contributed importantly" test is generally demonstrated
through a survey of the subject firm's customers. The Department
conducted a survey of the subject firm’s major declining
customers regarding their purchases of diesel electric
locomotives and off-highway drive systems in 2000, 2001, and
January through April of 2002 during the initial investigation.
Results of this survey revealed no imports. Further, the
Department shared the union’s list of competitors and their
products with the company. The company indicated that these
competitors and associated products did not impact the
petitioning worker groups, as no layoffs ensued from competitive
product lines at the subject facility. As a result, the above-
mentioned data provided by the union is irrelevant to the
investigation.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of u-tubes and
gear cases like or directly competitive with those produced at
General Electric Transportation Systems, a subsidiary of General
Electric Company, Erie, Pennsylvania, contributed importantly to
the declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of General Electric Transportation Systems, a
subsidiary of General Electric Company, Erie, Pennsylvania,
engaged in activities related to the production of u-tubes
and gear cases who became totally or partially separated
from employment on or after April 29, 2001 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974" and;
"I further determine that all other workers at General
Electric Transportation Systems, a subsidiary of General
Electric Company, Erie, Pennsylvania excluding workers engaged
in the production of u-tubes and gear cases are denied
eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974."
Signed in Washington, D.C. this 30th day of April 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S.KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,543
GENERAL ELECTRIC TRANSPORTATION SYSTEMS
A SUBSIDIARY OF GENERAL ELECTRIC COMPANY
ERIE, PENNSYLVANIA
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on May 13, 2002, in response
to a petition filed by the United Electrical, Radio and Machine
Workers of America (EU), Local 506 on behalf of workers at General
Electric Transportation Systems, a subsidiary of General Electric
Company, Erie, Pennsylvania. The workers produce diesel electric
locomotive components including U-tubes and gear cases, diesel
electric locomotives and off-highway drive systems. The diesel
electric locomotive production is a vertically integrated process
with workers first producing the components for the locomotives and
then assembling the locomotives. Workers at the subject firm are
separately identifiable by product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
increase imports of diesel electric locomotives or off-highway
drive systems during the relevant period.
A Department of Labor survey of the subject firm’s major
customers for 2000, 2001 and the periods from January through April
of 2001 and 2002 revealed no imports of diesel electric locomotives
or off-highway drive systems.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed by the United Electrical,
Radio and Machine Workers of America (EU), Local 506 on behalf of
workers at the subject firm (NAFTA-6211).
Conclusion
After careful review, I determine that all workers at General
Electric Transportation Systems, a subsidiary of General Electric
Company, Erie, Pennsylvania engaged in employment related to the
production of diesel electric locomotive components including U-
tubes and gear cases, diesel electric locomotives and off-highway
drive systems, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 10th day of September, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,543
GENERAL ELECTRIC TRANSPORTATION SYSTEMS
A SUBSIDIARY OF GENERAL ELECTRIC COMPANY
ERIE, PENNSYLVANIA
Notice of Determinations
on Reconsideration
By application dated October 11, 2002, the United
Electrical, Radio & Machine Workers of America, Local 506,
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on September 10, 2002, based on the finding
that imports of diesel electric locomotive components including
U-tubes and gear cases, diesel electric locomotives and off-
highway drive systems did not contribute importantly to worker
separations at the Erie plant. The denial notice was published
in the Federal Register on September 27, 2002 (67 FR 61160).
To support the request for reconsideration, the union
supplied additional information to supplement that which was
gathered during the initial investigation. The union supplied a
list of products (brush holder assemblies, 761,752 traction
motors, alternators, traction motor field coils) that were
allegedly shifted to foreign sources and potentially imported
back to the United States.
The company was contacted in regard to all imported products
that were like or directly competitive with those produced at the
subject facility, as well as those shifted from the subject
facility, in 2000 through 2002. In addition, a copy of the
union’s reconsideration request was forwarded to the company for
their response. The company’s response revealed that the only
products shifted and subsequently imported during the relevant
period which impacted subject firm layoffs were u-tubes and gear
cases. Workers producing u-tubes and gear cases are separately
identifiable from other functions conducted at the subject
facility. Therefore, workers at the subject facility producing u-
tubes and gear cases meet the eligibility requirements of the
Trade Act of 1974.
Further, the company reported shifting “Design III”
functions (drafting) to a foreign country during the relevant
period. These workers were engaged in a service, and did not
supply a significant amount of support to workers producing u-
tubes and gear cases, and thus do not meet the eligibility
requirements of the Trade Act. Only in very limited instances
are service workers certified for TAA, namely the worker
separations must be caused by a reduced demand for their services
from a parent or controlling firm or subdivision whose workers
produce an article and who are currently under certification for
TAA.
The company indicated that the products listed by the union
were shifted to foreign sources and imported back to the United
States. However, the shift of these products did not affect the
petitioning worker groups, thus it has no bearing on this
investigation.
The company also supplied a list of foreign competitors that
produce locomotives, traction motors, alternators, OHV wheels,
blowers and drill motors, apparently implying that potential
imports from these competitors contributed importantly to
purchasing trends of subject firm customers in the relevant
period.
The "contributed importantly" test is generally demonstrated
through a survey of the subject firm's customers. The Department
conducted a survey of the subject firm’s major declining
customers regarding their purchases of diesel electric
locomotives and off-highway drive systems in 2000, 2001, and
January through April of 2002 during the initial investigation.
Results of this survey revealed no imports. Further, the
Department shared the union’s list of competitors and their
products with the company. The company indicated that these
competitors and associated products did not impact the
petitioning worker groups, as no layoffs ensued from competitive
product lines at the subject facility. As a result, the above-
mentioned data provided by the union is irrelevant to the
investigation.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of u-tubes and
gear cases like or directly competitive with those produced at
General Electric Transportation Systems, a subsidiary of General
Electric Company, Erie, Pennsylvania, contributed importantly to
the declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of General Electric Transportation Systems, a
subsidiary of General Electric Company, Erie, Pennsylvania,
engaged in activities related to the production of u-tubes
and gear cases who became totally or partially separated
from employment on or after April 29, 2001 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974" and;
"I further determine that all other workers at General
Electric Transportation Systems, a subsidiary of General
Electric Company, Erie, Pennsylvania excluding workers engaged
in the production of u-tubes and gear cases are denied
eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974."
Signed in Washington, D.C. this 30th day of April 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S.KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,543
GENERAL ELECTRIC TRANSPORTATION SYSTEMS
A SUBSIDIARY OF GENERAL ELECTRIC COMPANY
ERIE, PENNSYLVANIA
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on May 13, 2002, in response
to a petition filed by the United Electrical, Radio and Machine
Workers of America (EU), Local 506 on behalf of workers at General
Electric Transportation Systems, a subsidiary of General Electric
Company, Erie, Pennsylvania. The workers produce diesel electric
locomotive components including U-tubes and gear cases, diesel
electric locomotives and off-highway drive systems. The diesel
electric locomotive production is a vertically integrated process
with workers first producing the components for the locomotives and
then assembling the locomotives. Workers at the subject firm are
separately identifiable by product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
increase imports of diesel electric locomotives or off-highway
drive systems during the relevant period.
A Department of Labor survey of the subject firm’s major
customers for 2000, 2001 and the periods from January through April
of 2001 and 2002 revealed no imports of diesel electric locomotives
or off-highway drive systems.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed by the United Electrical,
Radio and Machine Workers of America (EU), Local 506 on behalf of
workers at the subject firm (NAFTA-6211).
Conclusion
After careful review, I determine that all workers at General
Electric Transportation Systems, a subsidiary of General Electric
Company, Erie, Pennsylvania engaged in employment related to the
production of diesel electric locomotive components including U-
tubes and gear cases, diesel electric locomotives and off-highway
drive systems, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 10th day of September, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance