Petitioner Type: Unknown
Impact Date:
Filed Date: 10/30/2003
Most Recent Update: 12/12/2003
Determination Date: 12/12/2003
Expiration Date:
Employment and Training Administration
TA-W-53,386
OSRAM SYLVANIA, INC.
GENERAL LIGHTING DIVISION
ST. MARYS, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply for Worker 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. The group eligibility requirements for directly-impacted (primary) workers under Section 222(a) the Trade Act of 1974, as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States;
2. the country to which the workers’ firm has shifted production of the articles is a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or
3. there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.
The investigation was initiated on October 30, 2003 in response to a petition filed by the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers; Local 101 on behalf of workers at OSRAM Sylvania, Inc., General Lighting Division, St. Marys, Pennsylvania. The workers produced incandescent light bulbs. The workers are not separately identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) have not been met.
The investigation revealed that there was not a significant number or proportion of the workers at the subject firm, or an appropriate subdivision of the firm, that became totally or partially separated, or are threatened to become totally or partially separated.
Furthermore, there were no company imports or a shift in production of incandescent light bulbs from the St. Marys, Pennsylvania plant to a foreign country.
Conclusion
After careful review, I determine that all workers of OSRAM Sylvania, Inc., General Lighting Division, St. Marys, Pennsylvania, engaged in the production of incandescent light bulbs, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 12th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance