Certified
« back to search results

TAW-75117  /  Acuity Brands Lighting, Inc. (Austin, TX)

Petitioner Type: Company
Impact Date: 01/18/2010
Filed Date: 01/19/2011
Most Recent Update: 01/28/2011
Determination Date: 01/28/2011
Expiration Date: 01/28/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,117

ACUITY BRANDS LIGHTING, INC.
A SUBSIDIARY OF ACUITY BRANDS, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM EXPRESS EMPLOYMENT PROFESSIONALS, AND FOCUS POINT, INC.
AUSTIN, TEXAS

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 January 19, 2011, by a company official on behalf of
workers of Acuity Brands Lighting, Inc., a subsidiary of Acuity
Brands, Inc., Austin, Texas. The workers produce commercial
and industrial lighting fixtures. The worker group includes
on-site leased workers from Express Employment Professionals,
and Focus Point, Inc.
The investigation revealed that workers of Acuity Brands
Lighting, Inc., Austin, Texas, who are engaged in employment
related to production of lighting fixtures, meet the criteria
for certification.
Criterion I has been met because a significant number of
workers have been threatened with total or partial separation
during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
firm.
Criterion III has been met because the shift to a foreign
country by Acuity Brands Lighting, Inc. contributed
importantly to worker group separations at the Austin, Texas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Acuity Brands
Lighting, Inc., a subsidiary of Acuity Brands, Inc., Austin,
Texas, who are engaged in employment related to production of
lighting fixtures, 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 Acuity Brands Lighting, Inc., a subsidiary
of Acuity Brands, Inc., including on-site leased workers
from Express Employment Professionals, and Focus Point,
Inc., Austin, Texas, who became totally or partially
separated from employment on or after January 18, 2010,
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 28th day of January, 2011

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