Petitioner Type: Union
Impact Date: 11/12/2002
Filed Date: 11/20/2003
Most Recent Update: 01/14/2004
Determination Date: 01/14/2004
Expiration Date: 01/14/2006
Employment and Training Administration
TA-W-53,600
LEICA MICROSYSTEMS, INC.
DEPEW, NEW YORK
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, 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.
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.
The investigation was initiated on November 20, 2003, in response to a petition filed jointly by a company official and the United Steelworkers of America, Local 222, on behalf of workers of Leica Microsystems, Inc., Depew, New York. The workers produce surgical operating and educational microscopes and are separately identifiable by product.
With respect to workers producing surgical operating microscopes at the subject facility, it is determined in this case that the requirements of (a)(2)(B) are met.
The investigation revealed that the preponderance in the declines in employment for workers producing surgical operating microscopes is related to a shift in production from the Depew, New York facility to a country (Singapore) that is a party to a free trade agreement with the United States.
With respect to workers producing educational microscopes at the subject facility, it is determined in this case that the requirements of (a)(2)(A) of Section 222 have been met.
The investigation revealed that sales, production, and employment at the subject firm decreased absolutely from 2002-2003. Furthermore, imports of educational microscopes by the subject firm increased absolutely during the relevant period.
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 Singapore and an increase of imports 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:
"Workers of Leica Microsystems, Inc., Depew, New York, engaged in employment related to the production of surgical operating microscopes and educational microscopes, who became totally or partially separated from employment on or after November 12, 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 14th day of January, 2004.
/s/ Linda G. Poole
__________________________ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance