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TAW-63878D  /  Gerber Scientific, Inc. (Liberty, KY)

Petitioner Type: Company
Impact Date: 08/14/2007
Filed Date: 08/15/2008
Most Recent Update: 08/27/2008
Determination Date: 08/27/2008
Expiration Date: 08/27/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,878

GERBER SCIENTIFIC, INC.
GERBER SCIENTIFIC INTERNATIONAL, INC.
SOUTH WINDSOR, CONNECTICUT

INCLUDING EMPLOYEES OF GERBER SCIENTIFIC, INC., GERBER SCIENTIFIC
INTERNATIONAL, INC., SOUTH WINDSOR, CONNECTICUT
WORKING IN THE FOLLOWING LOCATIONS:

TA-W-63,878C
LEXINGTON, MICHIGAN

TA-W-63,878D
LIBERTY, KENTUCKY

TA-W-63,878E
FRANKLIN, INDIANA

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on August 27, 2008,
applicable to workers of Gerber Scientific, Inc., South Windsor,
Connecticut. The notice was published in the Federal Register on
September 12, 2008 (73 FR 53045). The certification was amended
on September 19, 2008 to include workers located in Broadway,
Virginia and Coraopolis, Pennsylvania. The notice was published
in the Federal Register on September 24, 2008 (73 FR 55138).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of computer controlled systems for
manufacturing apparel, soft goods, lenses for eyewear and signs.
New information shows that worker separations have occurred
involving employees of the South Windsor, Connecticut location of
Gerber Scientific, Inc., Gerber Scientific International, Inc.
working in Lexington, Michigan, Liberty, Kentucky and Franklin,
Indiana. Mr. David Burks, Mr. Mark Lawless and Mr. Steve Peo
provided engineering and sales support function services for the
production of computer controlled systems for manufacturing
apparel, soft goods, lenses for eyewear and signs produced at the
South Windsor, Connecticut location of the subject firm.
Information also shows that workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account for Gerber
Scientific International, Inc.
Accordingly, the Department is amending this certification
to properly reflect these matters.
The intent of the Department’s certification is to include
all workers of Gerber Scientific, Inc., Gerber Scientific
International, Inc., South Windsor, Connecticut who was adversely


affected by increased imports of computer controlled systems for
manufacturing apparel, soft goods, lenses for eyewear and signs
following a shift in production to China.
The amended notice applicable to TA-W-63,878 is hereby
issued as follows:
"All workers of Gerber Scientific, Inc., Gerber
Scientific International, Inc., South Windsor,
Connecticut, (TA-W-63,878), including employees in
support of Gerber Scientific, Inc., Gerber Scientific
International, Inc., South Windsor, Connecticut,
working in Lexington, Michigan(TA-W-63,878C), Liberty,
Kentucky(TA-W-63,878D) and Franklin, Indiana (TA-W-
63,878E, who became totally or partially separated from
employment on or after August 14, 2007, through August
27, 2010, 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 at Washington, D.C. this 29th day of October 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-63,878

GERBER SCIENTIFIC, INC.
SOUTH WINDSOR, CONNECTICUT

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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 August 15, 2008 in response
to a petition filed by a company on behalf of workers of Gerber
Scientific Inc., South Windsor, Connecticut. Workers at the subject
firm produce computer controlled systems for manufacturing apparel,
soft goods, lenses for eyewear and signs.
The investigation revealed that employment declined at the
subject firm from January through June 2008 as compared to the
corresponding 2007 period.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of computer
controlled systems for manufacturing apparel, soft goods, lenses
for eyewear and signs to China. The firm has increased imports of
computer controlled systems for manufacturing apparel, soft goods,
lenses for eyewear and signs.
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
a 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 Gerber Scientific, Inc., South Windsor,
Connecticut, who became totally or partially separated from
employment on or after August 14, 2007 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 27th day of August, 2008
/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,878

GERBER SCIENTIFIC, INC.
GERBER SCIENTIFIC INTERNATIONAL, INC.
SOUTH WINDSOR, CONNECTICUT

INCLUDING EMPLOYEES OF GERBER SCIENTIFIC, INC., GERBER SCIENTIFIC
INTERNATIONAL, INC., SOUTH WINDSOR, CONNECTICUT
WORKING IN THE FOLLOWING LOCATIONS:

TA-W-63878A
BROADWAY, VIRGINIA

TA-W-63,878B
CORAOPOLIS, PENNSYLVANIA

Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on August 27, 2008,
applicable to workers of Gerber Scientific, Inc., South Windsor,
Connecticut. The notice was published in the Federal Register on
September 12, 2008 (73 FR 53045).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of computer controlled systems for
manufacturing apparel, soft goods, lenses for eyewear and signs.
New information shows that worker separations have occurred
involving employees of the South Windsor, Connecticut location of
Gerber Scientific, Inc., Gerber Scientific International, Inc.
working in Broadway, Virginia and Coraopolis, Pennsylvania.
Mr. Eric Fulk and Mr. Thomas Glatch provided engineering support
function services for the production of computer controlled
systems for manufacturing apparel, soft goods, lenses for eyewear
and signs produced at the South Windsor, Connecticut location of
the subject firm.
Information also shows that workers separated from
employment at the subject firm had their wages reported under a
separate unemployment insurance (UI) tax account for Gerber
Scientific International, Inc.
Accordingly, the Department is amending this certification
to properly reflect these matters.
The intent of the Department’s certification is to include
all workers of Gerber Scientific, Inc., Gerber Scientific
International, Inc., South Windsor, Connecticut who were
adversely affected by increased imports of computer controlled
systems for manufacturing apparel, soft goods, lenses for eyewear
and signs following a shift in production to China.


The amended notice applicable to TA-W-63,878 is hereby
issued as follows:
"All workers of Gerber Scientific, Inc., Gerber
Scientific International, Inc., South Windsor,
Connecticut, (TA-W-63,878), including employees in
support of Gerber Scientific, Inc., Gerber Scientific
International, Inc., South Windsor, Connecticut,
working in Broadway, Virginia (TA-W-63,878A) and
Coraopolis, Pennsylvania (TA-W-63,878B), who became
totally or partially separated from employment on or
after August 14, 2007, through August 27, 2010, 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 at Washington, D.C. this 19th day of September 2008

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

4510-FN-









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