Petitioner Type: State
Impact Date: 06/20/2004
Filed Date: 06/21/2005
Most Recent Update: 06/30/2005
Determination Date: 06/30/2005
Expiration Date: 06/30/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,425
VISIONAIRE LIGHTING
GARDENA, CALIFORNIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an 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 on June 21, 2005, in response
to a petition filed on behalf of workers of Visionaire Lighting,
Gardena, California. The workers produced outdoor lighting.
The investigation revealed the company has shifted and is
continuing to shift production from the subject facility to a
country (Mexico) under a free trade agreement with the United
States. Layoffs at the subject facility occurred 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 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.
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 criterion (1) has not
been met.
The investigation revealed there was not a significant
number of workers in the workers' firm who are 50 years of age or
older.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico 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 Visionaire Lighting, Gardena, California who
became totally or partially separated from employment on or after
June 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."
I further determine that all workers of Visionaire Lighting,
Gardena, California 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 30th day of June 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance