Petitioner Type: Workers
Impact Date: 03/09/2003
Filed Date: 03/12/2004
Most Recent Update: 03/31/2004
Determination Date: 03/31/2004
Expiration Date: 03/31/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,493
BURLE INDUSTRIES, INC.
LANCASTER, 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, 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.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on March 12, 2004 in response
to a petition filed on behalf of workers of Burle Industries, Inc.,
Lancaster, Pennsylvania. The workers produce photomultiplier and
other electron tubes.
The investigation revealed that separations at the Lancaster
facility have occurred and the subject firm is shifting a portion
of production to a country (Mexico) with which the United States
has a free trade agreement.
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 addition, 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 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 Burle Industries, Inc., Lancaster,
Pennsylvania, engaged in employment related to the production
of photomultiplier or other electron tubes, who became totally
or partially separated from employment on or after March 9,
2003 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 31st day of March, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance