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TAW-81688A  /  W&W and Sons Contractors, Inc. (St. Marys, PA)

Petitioner Type: Union
Impact Date: 06/05/2011
Filed Date: 06/06/2012
Most Recent Update: 07/09/2012
Determination Date: 07/09/2012
Expiration Date: 07/09/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,688

OSRAM SYLVANIA, INC.
GENERAL LIGHTING FORMERLY KNOWN AS CONSUMER LIGHTING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
SUPERIOR TECHNICAL RESOURCES
ST. MARYS, PENNSYLVANIA

TA-W-81,688B

OSRAM SYLVANIA
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER AND SUPERIOR TECH SERVICES
YORK, 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 July 9, 2012, applicable to workers of OSRAM SYLVANIA
INC., General Lighting, formerly known as the Consumer Lighting
division, including on-site leased workers from Superior Technical
Resources, St. Marys, Pennsylvania (TA-W-81,688) and on-site
leased workers from W&W and Sons Contractors, Inc. (TA-W-81,688A).
The workers are engaged in activities related to the production of
incandescent, halogen, and Light-Emitting Diodes (LED) light
bulbs. The notice was published in the Federal Register on July
30, 2012 (77 FR 146).
Workers of OSRAM SYLVANIA INC., General Lighting, formerly
known as the Consumer Lighting division, St. Marys, Pennsylvania
were certified under petition number TA-W-71,711 that expired on
October 1, 2011. The on-site leased workers from W&W and Sons
Contractors, Inc. were not covered by that earlier certification.
At the request of the company official, the Department
reviewed the certification for workers of the subject firm. New
information from the company shows that workers of OSRAM SYLVANIA,
including on-site leased workers from Manpower and Superior Tech
Services, York, Pennsylvania were separated due to the same
increased imports that led to separations at the St. Marys,
Pennsylvania facility.
The intent of the Department’s certification is to include all
workers of the subject firm who were adversely affected by
increased customer imports.
Based on these findings, the Department is amending this
certification to include all workers of OSRAM SYLVANIA, including
on-site leased workers from Manpower and Superior Tech Services,
York, Pennsylvania.
The amended notice applicable to TA-W-81,688 is hereby issued
as follows:
“All workers of OSRAM SYLVANIA INC., General Lighting,
formerly known as the Consumer Lighting division, including
on-site leased workers from Technical Superior Resources,
St. Marys, Pennsylvania (TA-W-81,688) who became totally or
partially separated from employment on or after October 2,
2011 through July 9, 2014, and all workers in the group
threatened with total or partial separation from employment on
July 9, 2012 through July 9, 2014 are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the Trade
Act of 1974, as amended,
AND
All leased workers from W&W and Sons Contractors, Inc.,
working on-site at OSRAM SYLVANIA INC., General Lighting,
formerly known as the Consumer Lighting division, St. Marys,
Pennsylvania (TA-W-81,688A), and all workers of OSRAM
SYLVANIA, including on-site leased workers from Manpower and
Superior Tech Services, York, Pennsylvania (TA-W-81,688B) who
became totally or partially separated from employment on or
after June 5, 2011 through July 9, 2014, and all workers in
the group threatened with total or partial separation from
employment on July 9, 2012 through July 9, 2014, 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 14th day of January 2014

/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-81,688

OSRAM SYLVANIA, INC.
GENERAL LIGHTING FORMERLY KNOWN AS CONSUMER LIGHTING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
SUPERIOR TECHNICAL RESOURCES
ST. MARYS, PENNSYLVANIA

TA-W-81,688A

W&W AND SONS CONTRACTORS, INC.
WORKING ON-SITE AT OSRAM SYLVANIA, INC.
GENERAL LIGHTING FORMERLY KNOWN AS CONSUMER LIGHTING DIVISION
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 June 6, 2012 by the International Union of Electronic,
Electrical, Salaried, Machine and Furniture Workers –
Communications Workers of America (IUE-CWA) Local 101 on behalf of
workers of OSRAM SYLVANIA INC., General Lighting, formerly known
as the Consumer Lighting division, St. Marys, Pennsylvania.
(OSRAM SYLVANIA). The subject worker group includes on-site
leased workers from Superior Technical Resources and W&W and Sons
Contractors, Inc. The workers’ firm is engaged in activities
related to the production of incandescent, halogen, and Light-
Emitting Diodes (LED) light bulbs.
The worker group was certified eligible to apply for Trade
Adjustment Assistance based on company imports of a like or
directly competitive article, under petition number TA-W-71,711
which expired on October 1, 2011. The workers of W&W and Sons
Contractors, Inc. were not named within the worker group
certification.

During the course of the investigation, information was
collected from the workers’ firm, the petitioner, and the workers’
firm’s customers.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(A)(i) has been met because the production
of incandescent, halogen, and Light-Emitting Diodes (LED) light
bulbs by OSRAM SYLVANIA have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the article
produced by OSRAM SYLVANIA have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the worker
group separations and production declines at OSRAM SYLVANIA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of OSRAM SYLVANIA INC.,
General Lighting, formerly known as the Consumer Lighting
division, including on-site leased workers from Technical
Superior Resources, St. Marys, Pennsylvania (TA-W-81,688) and W&W
and Sons Contractors, Inc., working on-site at OSRAM SYLVANIA
INC., General Lighting, formerly known as the Consumer Lighting
division, St. Marys, Pennsylvania (TA-W-81,688A), who are engaged
in activities related to the production of incandescent, halogen,
and Light-Emitting Diodes (LED) 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 INC., General Lighting,
formerly known as the Consumer Lighting division, including
on-site leased workers from Technical Superior Resources,
St. Marys, Pennsylvania (TA-W-81,688), who became totally or
partially separated from employment on or after October 2,
2011 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 W&W and Sons Contractors, Inc., working on-
site at OSRAM SYLVANIA INC., General Lighting, formerly
known as the Consumer Lighting division, St. Marys,
Pennsylvania (TA-W-81,688A), who became totally or partially
separated from employment on or after June 5, 2011 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 9th day of July, 2012.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance





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