Petitioner Type: Union
Impact Date: 10/16/2005
Filed Date: 10/26/2006
Most Recent Update: 11/14/2006
Determination Date: 11/14/2006
Expiration Date: 11/14/2008
Employment and Training Administration
TA-W-60,299
PHILIPS LIGHTING COMPANY
A SUBSIDIARY OF PHILIPS ELECTRONICS NORTH AMERICA CORPORATION
BATH, NEW YORK
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, 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 October 26, 2006 in
response to a petition filed by the United Steelworkers Union Local
1013T on behalf of workers of Philips Lighting Company, A
subsidiary of Philips Electronics North America Corporation, Bath,
New York. The workers at the subject facility are engaged in the
production of lighting products.
The investigation revealed that the preponderance of declines
in employment at the subject facility is related to a shift in
production to China. The investigation further revealed that the
subject firm recently began importing lighting products directly to
their customers.
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 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 there was a shift in production
from the workers firm or subdivision to China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Philips Lighting Company, A subsidiary of
Philips Electronics North America Corporation, Bath, New York
who became totally separated from employment on October 16,
2005 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 14th day of November 2006
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance