Petitioner Type: Union
Impact Date:
Filed Date: 03/19/2004
Most Recent Update: 05/04/2004
Determination Date: 05/04/2004
Expiration Date:
Employment and Training Administration
TA-W-54,542
THE SWATCH GROUP (US), INC.
INCLUDING LEASED WORKERS OF SPHERION
LANCASTER, 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 investigation was initiated on March 18, 2004, in response
to a petition filed on behalf of workers at The Swatch Group (US),
Inc., Lancaster, Pennsylvania. The workers in the petitioning
worker group were engaged in activities related to warehouse and
distribution of watches and parts as well as repair consumer
watches.
The investigation revealed that The Swatch Group (US), Inc.,
Lancaster, Pennsylvania also leased workers from Spherion, 2137
Embassy Drive, and 241 W. Roseville Road, Lancaster, Pennsylvania
engaged in warehouse and distribution of watches and parts as well
as repair consumer watches.
The investigation revealed that The Swatch Group (US), Inc.,
Lancaster, Pennsylvania does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, the worker group seeking certification (or
on whose behalf certification is being sought) must work for a
"firm" or appropriate subdivision that produces an article and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision.
The petitioning worker group seeking certification does not support
a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
Conclusion
After careful review, I determine that all workers of The
Swatch Group (US), Inc., Lancaster, Pennsylvania and leased workers
of Spherion, Lancaster, Pennsylvania are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 4th day of May, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance