Petitioner Type: Company
Impact Date: 10/27/2003
Filed Date: 10/28/2004
Most Recent Update: 11/10/2004
Determination Date: 11/10/2004
Expiration Date: 11/10/2006
Employment and Training Administration
TA-W-55,881
LANDIS + GYR INCORPORATED
A DIVISION OF BAYARD AMERICAS INCORPORATED
LAFAYETTE, INDIANA
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 (19
USC 2273), the Department of Labor herein presents the results of
its 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 October 28, 2004 in response
to a petition filed jointly by a company official and the
International Union of Electronic Workers, Local 812 on behalf of
workers of Landis + Gyr Incorporated, a division of Bayard Americas
Incorporated, Lafayette, Indiana. The workers at the subject firm
produce electricity meters; they are not separately identifiable by
product line.
The investigation revealed that employment declined at the
subject firm from October 1, 2003 through September 30, 2004.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of electricity meters to a
country (Mexico), 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 do not 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 has been a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with the electricity meters
produced by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Landis + Gyr Incorporated, a division of
Bayard Americas Incorporated, Lafayette, Indiana, who became
totally or partially separated from employment on or after
October 27, 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 10th day of November 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance