Petitioner Type: Workers
Impact Date: 10/20/2005
Filed Date: 10/26/2006
Most Recent Update: 11/28/2006
Determination Date: 11/28/2006
Expiration Date: 11/28/2008
Employment and Training Administration
TA-W-60,304
GEMTRON CORPORATION
A SUBSIDIARY OF SCHOTT AG
INCLUDING ON-SITE LEASED WORKERS OF WESTAFF AND AGENTHR
VINCENNES, INDIANA
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 on behalf of workers of Gemtron
Corporation, a subsidiary of Schott AG, Vincennes, Indiana.
Workers of the subject firm produce tempered flat glass appliance
parts; they are not separately identifiable by articles produced.
The investigation revealed that the preponderance in the
declines in employment at Gemtron Corporation, a subsidiary of
Schott AG, Vincennes, Indiana is related to a shift in production
of tempered flat glass appliance parts to a country (Mexico) that
is a party to a free trade agreement with the United States.
The investigation revealed that the subject firm also leased
workers on-site from Westaff and AgentHR to produce tempered flat
glass appliance parts.
In addition, in accordance with Section 246 of 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 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 the products produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Gemtron Corporation, a subsidiary of Schott
AG, including on-site leased workers of Westaff and AgentHR,
Vincennes, Indiana who became totally or partially separated
from employment on or after October 20, 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 28th day of November 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance