Petitioner Type: Union
Impact Date:
Filed Date: 05/28/2002
Most Recent Update: 01/27/2003
Determination Date: 01/27/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,579
DELPHI ENERGY AND CHASSIS
DAYTON, OHIO
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 28, 2002 in response
to a petition filed by the United Auto Workers International
Union on behalf of workers at Delphi Energy and Chassis, Dayton,
Ohio. Workers produced parts for automotive brake and chassis
systems.
The investigation revealed that criterion (3) has not been
met.
Imports of automotive parts by Delphi Energy and Chassis
were minimal and did not contribute importantly to separations
at the subject firm.
A substantial portion of production of the Dayton plant is
sent and sold internally within the Delphi company.
The Department of Labor surveyed major external customers
of the subject firm regarding their purchases of various
automotive parts such as drum brakes, calipers, master cylinders
and boosters for the 2000-2001 and January to June 2001-2002
time period. All respondents reported no significant imports in
the relevant period.
Conclusion
After careful review, I determine that all workers of
Delphi Energy and Chassis, Dayton, Ohio are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D. C. this 27th day of January 2003
/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance