Certified
« back to search results

TAW-52735  /  Guardian Industries Corporation (Lewistown, PA)

Petitioner Type: Company
Impact Date: 08/21/2002
Filed Date: 09/03/2003
Most Recent Update: 09/16/2003
Determination Date: 09/16/2003
Expiration Date: 09/16/2005


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,735

GUARDIAN INDUSTRIES CORPORATION
INCLUDING LEASED WORKERS OF SPHERION
LEWISTOWN, PENNSYLVANIA


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 its 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)(A) of Section 222 have been met.
The investigation was initiated on September 3, 2003 in
response to a petition filed by a company official on behalf of
workers at Guardian Industries Corporation, Lewistown,
Pennsylvania and leased workers of Spherion at the subject
facility. Workers produce mirrors and glass products. The
workers are not separately identifiable by product line.
The investigation revealed worker separations at the
subject company during the relevant time period.
The investigation also revealed that mirror production has
shifted to Mexico and that glass production is shifting to
Canada.
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 conclude that there was a shift in production
from the workers' firm or subdivision to Mexico and Canada of
articles that are like or directly competitive with those
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Guardian Industries Corporation, Lewistown,
Pennsylvania, and leased workers of Spherion at the subject
facility, who became totally or partially separated from
employment on or after August 21, 2002 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 16th day of September 2003.


/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance