DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,944

UNIVERSAL LIGHTING TECHNOLOGIES
FORMERLY MAGNETEK
INCLUDING LEADED WORKERS OF RANSTAD
MADISON, ALABAMA

Negative Determination Regarding Eligibility
to Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated December 10, 2004, a company official
requested ATAA consideration for workers at the subject firm
located in Madison, Alabama.

The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable in the local area.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (2) has not
been met.
The investigation revealed that workers in the workers’ firm
possess skills that are easily transferable in the local area.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that workers of Universal Lighting Technologies, formerly
Magnetek, including leased workers of Ranstad, Madison, Alabama are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 22nd day of March 2005

/s/ Linda G. Poole


_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,944

UNIVERSAL LIGHTING TECHNOLOGIES
FORMERLY MAGNETEK
INCLUDING LEASED WORKERS OF RANSTAD
MADISON, ALABAMA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, (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.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated January 6, 2004 in response to
a petition filed by a company official on behalf of workers at
Universal Lighting Technologies, Madison, Alabama. The workers at
the subject firm produce electronic ballast for light fixtures.
The investigation revealed that the subject firm was formerly
Magnetek.
Universal Lighting Technologies, Madison, Alabama also leased
workers from Ranstad located in Huntsville, Alabama to produced
electronic ballast at the Madison plant.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of electronic
ballast for light fixtures to Mexico that is a party to a free
trade agreement with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production of
electronic ballast from the workers’ firm or subdivision to Mexico
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 Universal Lighting Technologies, formerly
Magnetek, Madison, Alabama engaged in employment related to
the production of electronic ballasts, and leased workers of
Ranstad producing electronic ballast at Universal Lighting
Technologies, formerly Magnetek, Madison, Alabama, who became
totally or partially separated from employment on or after
December 30, 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, as amended.”
Signed in Washington, D.C. this 23rd day of January 2004.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance









May want to list the specific citation to the group eligibility requirements.