Petitioner Type: Workers
Impact Date: 08/21/2000
Filed Date: 09/10/2001
Most Recent Update: 12/17/2001
Determination Date: 12/17/2001
Expiration Date: 06/14/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,987
GSI LUMONICS CORP.
MAPLE GROVE, MINNESOTA
Notice of Revised Determination
on Reconsideration
By letter of January 9, 2002, an employee requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on December 17, 2001, based on the finding
that imports did not contribute importantly to the layoffs at the
subject plant. The denial notice was published in the Federal
Register on January 11, 2002 (67 FR 1509).
The request for reconsideration is based on the allegation
that specific products produced at the subject plant were shifted
to Canada and England, and a meaningful portion of those products
were imported back to the United States.
The Department on further review of the investigation and
further contact with the company received new information
revealing that shifts in plant production (SVS & Silver Cutting
Head) to foreign sources occurred during the relevant period. A
meaningful portion of that production shifted to foreign sources
was imported back to the United States during the relevant
period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at GSI Lumonics,
Inc., Maple Grove, Minnesota contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of GSI Lumonics, Inc., Maple Grove, Minnesota
who became totally or partially separated from employment on
or after August 21, 2000 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 14th day of June 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,987
GSI LUMONICS, INC.
MAPLE GROVE, MINNESOTA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273) as amended by the Omnibus Trade and Competitiveness Act of 1988
(P. L. 100-418), the Department of Labor herein presents the results
of an investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance, each
of the group eligibility requirements of Section 222 of the Act must
be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute decline
in sales or production.
The investigation was initiated on September 10, 2001 in response
to a petition filed by workers at GSI Lumonics, Maple Grove,
Minnesota. The workers produced laser manufacturing systems.
The investigation revealed that criterion (3) has not been met.
GSI Lumonics, Inc. sold the Maple Grove, Minnesota location in
April 2001, at which time all sales and production ceased at the Maple
Grove plant. Workers in Maple Grove, Minnesota were separated
following the sale of the subject firm.
GSI Lumonics, Inc. does not import articles like or directly
competitive with those produced at the Maple Grove, Minnesota plant.
Conclusion
After careful review, I determine that all workers of GSI
Lumonics Inc., Maple Grove, Minnesota, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of December 2001
/s/ Edward A. Tomchick
____________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,987
GSI LUMONICS CORP.
MAPLE GROVE, MINNESOTA
Notice of Revised Determination
on Reconsideration
By letter of January 9, 2002, an employee requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on December 17, 2001, based on the finding
that imports did not contribute importantly to the layoffs at the
subject plant. The denial notice was published in the Federal
Register on January 11, 2002 (67 FR 1509).
The request for reconsideration is based on the allegation
that specific products produced at the subject plant were shifted
to Canada and England, and a meaningful portion of those products
were imported back to the United States.
The Department on further review of the investigation and
further contact with the company received new information
revealing that shifts in plant production (SVS & Silver Cutting
Head) to foreign sources occurred during the relevant period. A
meaningful portion of that production shifted to foreign sources
was imported back to the United States during the relevant
period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at GSI Lumonics,
Inc., Maple Grove, Minnesota contributed importantly to the
declines in sales or production and to the total or partial
separation of workers at the subject firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of GSI Lumonics, Inc., Maple Grove, Minnesota
who became totally or partially separated from employment on
or after August 21, 2000 through two years from the date of
this certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 14th day of June 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,987
GSI LUMONICS, INC.
MAPLE GROVE, MINNESOTA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273) as amended by the Omnibus Trade and Competitiveness Act of 1988
(P. L. 100-418), the Department of Labor herein presents the results
of an investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance, each
of the group eligibility requirements of Section 222 of the Act must
be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute decline
in sales or production.
The investigation was initiated on September 10, 2001 in response
to a petition filed by workers at GSI Lumonics, Maple Grove,
Minnesota. The workers produced laser manufacturing systems.
The investigation revealed that criterion (3) has not been met.
GSI Lumonics, Inc. sold the Maple Grove, Minnesota location in
April 2001, at which time all sales and production ceased at the Maple
Grove plant. Workers in Maple Grove, Minnesota were separated
following the sale of the subject firm.
GSI Lumonics, Inc. does not import articles like or directly
competitive with those produced at the Maple Grove, Minnesota plant.
Conclusion
After careful review, I determine that all workers of GSI
Lumonics Inc., Maple Grove, Minnesota, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of December 2001
/s/ Edward A. Tomchick
____________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance