Petitioner Type: Workers
Impact Date: 04/20/2004
Filed Date: 05/11/2005
Most Recent Update: 06/27/2005
Determination Date: 06/27/2005
Expiration Date: 06/27/2007
Employment and Training Administration
TA-W-57,156
ACUITY BRANDS
LITHONIA LIGHTING DIVISION
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK
VERMILION, OHIO
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 May 11, 2005 in response
to a petition filed on behalf of workers of Acuity Brands,
Lithonia Lighting Division, Vermilion, Ohio. The workers at the
subject facility produce lighting fixtures and are not
separately identifiable by product.
The investigation revealed that the subject firm leases
workers from Aerotek to work on-site at the Vermilion, Ohio
facility.
The investigation further revealed that sales and
employment declined absolutely from 2003 to 2004 and from
January through April 2005 when compared to the same time period
the previous year.
The Department of Labor surveyed the subject facility's
major sales agents. These agents reported increases in imports
of products like or directly competitive with lighting fixtures
produced by the subject firm.
The investigation further revealed that aggregate U.S.
imports for consumption of lighting fixtures increased during
the relevant period.
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 facility 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 lighting fixtures contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at Acuity Brands, Lithonia
Lighting Division, Vermilion, Ohio. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Acuity Brands, Lithonia Lighting Division,
Vermilion, Ohio, including on-site leased workers of
Aerotek, who became totally or partially separated from
employment on or after April 20, 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 27th day of June, 2005.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance