Petitioner Type: Workers
Impact Date:
Filed Date: 11/30/2005
Most Recent Update: 01/06/2006
Determination Date: 01/06/2006
Expiration Date:
Employment and Training Administration
TA-W-58,421
SONY TECHNOLOGY CENTER- PITTSBURGH
A SUBSIDIARY OF SONY ELECTRONICS, INC.
DISPLAY DEVICE- DV-CRT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
AEROTEK, INC. AND STAFFMARK
MT. PLEASANT, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on November 30, 2005 in
response to a petition filed on behalf of workers at Sony
Technology Center- Pittsburgh, a subsidiary of Sony Electronics,
Inc., Display Device- DV-CRT Division, Mt. Pleasant, Pennsylvania.
The workers at the subject firm produce 34-inch and 38-inch color
television picture tubes (CRTs).
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import 34-inch and 38-inch color television picture tubes (CRTs)
during 2003, 2004, or January through November of 2005 nor did it
shift production to a foreign country.
The Department of Labor surveyed the subject firm's major
declining customer regarding its purchases of 34-inch and 38-inch
color television picture tubes (CRTs) during 2003, 2004 and January
through November 2005 over the corresponding 2004 period. The
survey revealed that the subject firm's major declining customer
did not increase imports of 34-inch and 38-inch color television
picture tubes (CRTs) while decreasing purchases from the subject
firm during the relevant period.
Further investigation revealed the subject firm is ceasing CRT
production as part of a transition to flat panel television
technology. The subject firm will no longer produce any type of
CRT.
The investigation revealed that the subject firm also leased
workers from Aerotek, Inc. and Staffmark to produce 34-inch and 38-
inch color television picture tubes (CRTs).
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 of the facts obtained in this
investigation, I determine that all workers of Sony Technology
Center- Pittsburgh, a subsidiary of Sony Electronics, Inc., Display
Device- DV-CRT Division, including on-site leased workers of
Aerotek, Inc. and Staffmark, Mt. Pleasant, Pennsylvania are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974 and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 6th day of January 2006
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance