DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,516

MORLITE/VISTA LIGHTING
GENLYTE GROUP
ERIE, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated August 19, 2008, a worker requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of Morlite/Vista Lighting, Genlyte Group, Erie,
Pennsylvania to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA).
The negative determination was issued on July 15, 2008. The
Department’s Notice of negative determination was published in
the Federal Register on July 30, 2008 (73 FR 44284). The workers
at Morlite/Vista Lighting, Genlyte Group, Erie, Pennsylvania
(subject facility) produce commercial light fixtures for the
security and healthcare industries, and are not separately
identifiable by product line.
The petition was denied because sales and production at the
subject facility increased in 2007 when compared with 2006 and
increased from January through May 2008 when compared with the
corresponding period in 2007. The initial investigation also
revealed that Morlite/Vista Lighting (subject firm) did not shift
production of commercial light fixtures from the subject facility
to a foreign country during the relevant period.
Pursuant to 29 CFR 90.18(c), administrative reconsideration
may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
In the request for reconsideration, the worker asserts that
the shift of production from Tupelo, Mississippi to China enabled
the subject firm to shift production from Erie, Pennsylvania to
Tupelo, Mississippi, and thereby caused the workers’ separations.
To certify a worker group for TAA on a shift of production
basis, the Department must find that there has been a shift in
production by the workers’ firm or appropriate subdivision to a
foreign country of articles like or directly competitive with
articles which are produced by the workers’ firm or subdivision.
A shift of production of flange kits from the subject firm’s
Tupelo, Mississippi facility to a foreign country is not the same
as a shift of production of commercial light fixtures from the
subject firm’s Erie, Pennsylvania facility to a foreign country.
Flange kits are neither like nor directly competitive with the
commercial light fixtures produced at the subject facility.
After careful review of the request for reconsideration, the
Department determines that there is no new information that
supports a finding that Section 222 of the Trade Act of 1974 was
satisfied and that no mistake or misinterpretation of the facts
or of the law with regards to the number or proportion of workers
separated from the subject firm during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 2nd day of September 2008


/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,516

MORLITE/VISTA LIGHTING
GENLYTE GROUP
ERIE, PENNSYLVANIA

Negative 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, 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, 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 June 11, 2008, in response
to a petition filed on behalf of workers of Morlite/Vista Lighting,
Genlyte Group, Erie, Pennsylvania. The workers produce commercial
light fixtures for the security and healthcare industries.
The investigation revealed that criterion (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that sales and production increased
in 2007 when compared with 2006, and from January through May 2008,
when compared with the corresponding period in 2007.
The investigation further revealed that the subject firm did
not shift the production of commercial light fixtures to a
foreign country during the relevant period.
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 assis-
tance (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 the
investigation, I determine that all workers of Morlite/Vista
Lighting, Genlyte Group, Erie, Pennsylvania are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C. this 15th day of July 2008

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance







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