DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,001

HOLOPHANE CORPORATION
ACUITY LIGHTING GROUP
NEWARK, OHIO

Negative Determinations 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), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualify as adversely
affected secondary workers acting as downstream producers for a
firm or subdivision primarily affected by increased imports from
Canada or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and

(3) either-

(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or

(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.

The investigation was initiated on November 15, 2004, in
response to a petition filed by the International Brotherhood of
Electrical Workers, Local 1853, on behalf of workers of
Holophane Corporation, Acuity Lighting Group, Newark, Ohio. The
workers produce industrial and architectural light fixtures.
The investigation revealed that criterion (2) was not met.
Petitioners allege that job losses at the subject company
were due to the company losing business as a downstream producer
to a firm (or subdivision) whose workers are certified eligible
to apply for trade adjustment assistance benefits, the Holophane
Corporation, Acuity Lighting Group, Pataskala, Ohio.
The investigation revealed, however, that was not the case.
Workers of Holophane Corporation, Acuity Lighting Group,
Pataskala, Ohio, are not currently certified.
In addition, 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 worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers covered
by this petition of Holophane Corporation, Acuity Lighting
Group, Newark, Ohio, do not qualify as adversely affected
secondary workers and are denied eligibility to apply for
adjustment assistance under section 223(b) of the Trade Act of
1974.
After careful review, I determine that all workers of
Holophane Corporation, Acuity Lighting Group, Newark, Ohio, are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 3rd day of December, 2004

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance