Certified
« back to search results

TAW-74736  /  Universal Lighting Technologies, Inc. (Lincoln Park, NJ)

Petitioner Type: Union
Impact Date: 10/14/2009
Filed Date: 10/18/2010
Most Recent Update: 11/03/2010
Determination Date: 11/03/2010
Expiration Date: 11/03/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,736

UNIVERSAL LIGHTING TECHNOLOGIES, INC.
REGIONAL DISTRIBUTION CENTER
LINCOLN PARK, 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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on October 18, 2010, by the Teamsters Union, Local 125 on
behalf of workers of Universal Lighting Technologies, Inc.,
Regional Distribution Center, Lincoln Park, New Jersey. The
workers supply distribution and warehousing services for the
firm.
The investigation revealed that workers of Universal
Lighting Technologies, Inc., Regional Distribution Center, who
are engaged in activities related to distribution and
warehousing services, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers are threatened to become totally separated
during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the shift of
distribution and warehousing services by Universal Lighting
Technologies, Inc. contributed importantly to worker group
separations at the Regional Distribution Center.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Universal Lighting
Technologies, Inc., Regional Distribution Center, Lincoln
Park, New Jersey, who are engaged in activities related to
distribution and warehousing services, 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 Universal Lighting Technologies, Inc.,
Regional Distribution Center, Lincoln Park, New Jersey,
who became totally or partially separated from employment
on or after October 14, 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 3rd day of November, 2010


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