Petitioner Type: Workers
Impact Date: 06/14/2003
Filed Date: 06/15/2004
Most Recent Update: 07/20/2004
Determination Date: 07/20/2004
Expiration Date: 07/20/2006
Employment and Training Administration
TA-W-55,079
OSRAM SYLVANIA
GENERAL LIGHTING DIVISION
WINCHESTER, KENTUCKY
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 June 15, 2004 in response to a
petition filed on behalf of workers at OSRAM Sylvania, General
Lighting Division, Winchester, Kentucky. The workers produce par
special lamps and are separately identifiable by product line.
Employment at the subject plant has declined, and the subject
firm is in the process of shifting production of par special lamps
to a country (Mexico) that is a party to a free trade agreement
with the United States.
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 were layoffs and a shift in
production from the subject firm to Mexico of articles that are
like or directly competitive with the articles produced by the
subject firm. In accordance with the provisions of the Act, I make
the following certification:
"All workers of OSRAM Sylvania, General Lighting Division,
Winchester, Kentucky, engaged in the production of par special
lamps, who became totally or partially separated from
employment on or after June 14, 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 assis-
tance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 20th day of July, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance