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TAW-73745  /  Zumtobel Lighting, Inc. (Garfield, NJ)

Petitioner Type: Union
Impact Date: 03/17/2009
Filed Date: 03/19/2010
Most Recent Update: 12/16/2010
Determination Date: 12/16/2010
Expiration Date: 12/16/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,745

ZUMTOBEL LIGHTING, INC.
A SUBSIDIARY OF ZUMTOBEL AG
INCLUDING ON-SITE LEASED WORKERS FROM NATIONAL LABOR STRATEGY
GARFIELD, NEW JERSEY

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 March 19, 2010 by the International Brotherhood of
Electrical Workers (IBEW) Local 3 on behalf of workers of
Zumtobel Lighting, Inc., a subsidiary of Zumtobel AG,
Garfield, New Jersey. The workers are engaged in activities
related to production of lighting systems for commercial use.
The worker group includes on-site leased workers from National
Labor Strategy.
The investigation revealed that workers of Zumtobel
Lighting, Inc., Garfield, New Jersey, who are engaged in
employment related to production of lighting systems, meet the
criteria for certification.
Section 222(a)(1) has been met because a significant
proportion of workers in the workers' firm have become totally
or partially separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of lighting systems by Zumtobel Lighting,
Inc. have decreased during the relevant time period.
Section 222(a)(2)(A)(ii) has been met because U.S.
aggregate imports of articles like or directly competitive
with the lighting systems produced by Zumtobel Lighting, Inc.
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased U.S. aggregate imports contributed importantly
to the worker group separations and sales/production declines
at Zumtobel Lighting, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Zumtobel Lighting,
Inc., a subsidiary of Zumtobel AG, including on-site leased
workers from National Labor Strategy, Garfield, New Jersey,
who are engaged in employment related to production of lighting
systems, 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 Zumtobel Lighting, Inc., a subsidiary of
Zumtobel AG, including on-site leased workers from
National Labor Strategy, Garfield, New Jersey, who became
totally or partially separated from employment on or after
March 17, 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."
Signed in Washington, D.C., this 16th day of December, 2010


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