Petitioner Type: State
Impact Date: 04/21/2004
Filed Date: 04/25/2005
Most Recent Update: 06/10/2005
Determination Date: 06/10/2005
Expiration Date: 06/10/2007
Employment and Training Administration
TA-W-57,049
ACUITY LIGHTING GROUP
A SUBSIDARY OF ACUITY BRANDS, INC.
CONYERS, GEORGIA
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)(A) of Section 222 have been met.
The investigation was initiated on April 25, 2005 in
response to a petition filed by a state agency representative on
behalf of workers of Acuity Lighting Group, a subsidiary of
Acuity Brands, Inc., Conyers, Georgia. The subject facility is
the corporate headquarters for Acuity Lighting Group. The
workers at the subject facility provide administrative,
financial, human resources, product/market development, and
other administrative and logistics services.
Employment at the subject facility declined form April 2004
to April 2005.
The investigation revealed that the administrative and
other services carried out at the subject facility supported the
production of emergency lighting products at an affiliated
facility in Decatur, Georgia.
The workers of Lithonia Lighting, ESG Division, a
subsidiary of Acuity Brands, Decatur, Georgia were certified as
eligible to apply for Trade Adjustment Assistance on April 27,
2004 based on increased company imports of emergency lighting
equipment (TA-W-54,605). The Decatur facility shut down in
December 2004, and the production that formerly occurred there
has been replaced by imports.
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 determine that increases of imports of articles
like or directly competitive with emergency lighting products
produced at Lithonia Lighting, ESG Division, a subsidiary of
Acuity Brands, Decatur, Georgia contributed importantly to the
total or partial separation of workers at Acuity Lighting Group,
a subsidiary of Acuity Brands, Inc., Conyers, Georgia. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Acuity Lighting Group, a subsidiary of
Acuity Brands, Inc., Conyers, Georgia who became totally
or partially separated from employment on or after April
21, 2004 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 June 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance