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TAW-71711A  /  Superior Technical Resources, Bestway, Inc. (St. Marys, PA)

Petitioner Type: Union
Impact Date: 07/01/2008
Filed Date: 07/17/2009
Most Recent Update: 10/01/2009
Determination Date: 10/01/2009
Expiration Date: 10/01/2011

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,711A

SUPERIOR TECHNICAL RESOURCES
AND BESTWAY, INC.
LEASED WORKERS WORKING ON-SITE AT
OSRAM SYLVANIA
CONSUMER LIGHTING DIVISION
A SUBSIDIARY OF OSRAM GMBH
ST. MARYS, PENNSYLVANIA

Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on October 1, 2009, applicable to workers of Superior
Technical Resources, leased workers working on-site at OSRAM
Sylvania, Consumer Lighting Division, a subsidiary of OSRAM GmbH,
St. Marys, Pennsylvania. The workers produce incandescent light
bulbs. The notice was published in the Federal Register on
November 17, 2009 (74 FR 59248).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
company reports that workers leased from Bestway, Inc. were
employed on-site at the St. Marys, Pennsylvania location of OSRAM
Sylvania, Consumer Lighting Division, a subsidiary of OSRAM GmbH.
The Department has determined that these workers were
sufficiently under the control of OSRAM Sylvania, Consumer
Lighting Division, a subsidiary of OSRAM GmbH to be considered
leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Bestway, Inc.
working on-site at the St. Marys, Pennsylvania location of OSRAM
Sylvania, Consumer Lighting Division, a subsidiary of OSRAM GmbH.
The amended notice applicable to TA-W-71,711A is hereby
issued as follows:
"All workers of Superior Technical Resources and
Bestway, Inc. working on-site at OSRAM Sylvania,
Consumer Lighting Division, a subsidiary of OSRAM GmbH,
St. Marys, Pennsylvania (TA-W-71,711A), who became
totally or partially separated from employment on or
after July 1, 2008, through October 1, 2011, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1974, as
amended.”
Signed at Washington, D.C. this 11th day of May 2011.

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,711
OSRAM SYLVANIA
CONSUMER LIGHTING DIVISION
A SUBSIDIARY OF OSRAM GMBH
INCLUDING ON-SITE LEASED WORKERS
FROM SUPERIOR TECHNICAL RESOURCES
ST. MARYS, PENNSYLVANIA

TA-W-71,711A
SUPERIOR TECHNICAL RESOURCES
LEASED WORKERS WORKING ON-SITE AT
OSRAM SYLVANIA
CONSUMER LIGHTING DIVISION
A SUBSIDIARY OF OSRAM GMBH
ST. MARYS, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a Firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in such
workers’ firm have become totally or partially separated, or are
threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers’ separation or threat
of separation and to the decline in the sales or production of
such firm.

The investigation was initiated in response to a petition
filed on July 17, 2009, by the International Union of Electronic,
Electrical, Salaried, Machine, and Furniture Workers-
Communications Workers of America, Local 101 on behalf of workers
of OSRAM Sylvania, Consumer Lighting Division, a subsidiary of
OSRAM GmbH, St. Marys, Pennsylvania (OSRAM Sylvania) (TA-W-
71,711). The worker group also includes on-site leased workers
from Superior Technical Resources (TA-W-71,711A). The workers
produce incandescent light bulbs.
The investigation revealed that workers of OSRAM Sylvania
were previously certified as eligible to apply for adjustment
assistance under certification number TA-W-62,145. That
certification expired on September 28, 2009. The employees of
Superior Technical Resources (TA-W-71,711A) were not included in
that certification.
The investigation revealed that workers of OSRAM Sylvania,
who are engaged in employment related to the production of
incandescent light bulbs, meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
of workers at OSRAM Sylvania are threatened with total or partial
separation during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales and
production of incandescent light bulbs by OSRAM Sylvania have
decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because company
imports of articles like or directly competitive with
incandescent light bulbs produced by OSRAM Sylvania have
increased relative to domestic production.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased reliance on imports of articles like or directly
competitive with incandescent light bulbs produced by OSRAM
Sylvania contributed importantly to the worker group separations
and sales/production declines at the St. Marys, Pennsylvania
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of OSRAM Sylvania, Consumer
Lighting Division, a subsidiary of OSRAM GmbH, including on-site
leased workers of Superior Technical Resources, St. Marys,
Pennsylvania, who are engaged in employment related to production
of incandescent light bulbs, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
“All workers of OSRAM Sylvania, Consumer Lighting Division, a
subsidiary of OSRAM GmbH, St. Marys, Pennsylvania, (TA-W-
71,711) who became totally or partially separated from
employment on or after September 29, 2009, through two years
from the date of certification, and all workers in the group
threatened with total or partial separation from employment on
the date of certification through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended.
And



All workers of Superior Technical Resources working on-site at
OSRAM Sylvania, Consumer Lighting Division, a subsidiary of
OSRAM GmbH, St. Marys, Pennsylvania (TA-W-71,711A), who became
totally or partially separated from employment on or after
July 1, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 1st day of October, 2009.

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance



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