Petitioner Type: Workers
Impact Date: 06/15/2004
Filed Date: 06/15/2005
Most Recent Update: 07/25/2005
Determination Date: 07/25/2005
Expiration Date: 07/25/2007
Employment and Training Administration
TA-W-57,383
LEXALITE INTERNATIONAL CORP.
A SUBSIDIARY OF SUMMA INDUSTRIES
CHARLEVOIX, MICHIGAN
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), 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 for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements
of paragraph (b) of Section 222 of the Trade Act, as amended,
must be met. It is determined in this case that the requirements
of (b) of Section 222, as amended, have been met.
The investigation was initiated on June 15, 2005 in
response to a petition filed on behalf of workers at Lexalite
International Corp., a subsidiary of Summa Industries,
Charlevoix, Michigan. Workers at the subject firm produce
injection molded products and mold construction builds. Workers
are separately identifiable by product.
With respect to workers producing injection molded
products, the investigation revealed that employment at the
subject firm declined in January through May 2005 compared to
the same period in 2004.
The investigation revealed that the injection molded
products manufactured by the subject firm are component parts
for lighting equipment, and at least 20 percent of its
production or sales is supplied to a manufacturer of lighting
equipment (Acuity Lighting Group, a subsidiary of Acuity Brands,
Inc., Conyers, Georgia) whose workers were certified eligible to
apply for adjustment assistance (TA-W-57,049). Workers producing
injection molded products at the subject firm therefore qualify
as secondarily affected.
With respect to workers producing mold construction builds,
the investigation revealed that the subject firm shifted
production of mold construction builds to a country (Canada)
that is a party to a free trade agreement with the United
States. Workers producing mold construction builds at the
subject firm therefore qualify as primarily affected.
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.
The group eligibility criteria for the ATAA program that
the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that all criteria have been
met for workers engaged in the production of injection molded
products.
For workers engaged in the production of mold construction
builds, however, criterion 1 has not been met. A significant
number of workers producing mold construction builds are not 50
years of age or older. Significant number of workers means at
least three workers in a worker group of fewer than 50 workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Lexalite
International Corp., a subsidiary of Summa Industries,
Charlevoix, Michigan, engaged in the production of injection
molded products, qualify as adversely affected secondary workers
under Section 222 of the Trade Act of 1974, as amended. In
accordance with the provisions of the Act, I make the following
certifications:
"All workers of Lexalite International Corp., a subsidiary
of Summa Industries, Charlevoix, Michigan, engaged in the
production of injection molded products, who became totally
or partially separated from employment on or after June 15,
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."
I also determine that all workers of Lexalite International
Corp., a subsidiary of Summa Industries, Charlevoix, Michigan,
engaged in the production of mold construction builds, qualify
as adversely affected due to a shift in production from the
workers' firm or subdivision to Canada of articles that are like
or directly competitive with those produced by the subject firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Lexalite International Corp., a subsidiary
of Summa Industries, Charlevoix, Michigan, engaged in the
production of mold construction builds, who became totally
or partially separated from employment on or after June 15,
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."
I further determine that all workers of Lexalite
International Corp., a subsidiary of Summa Industries,
Charlevoix, Michigan, engaged in the production of mold
construction builds, 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 25th day of July 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance