Petitioner Type: Workers
Impact Date:
Filed Date: 09/23/2002
Most Recent Update: 12/12/2002
Determination Date: 12/12/2002
Expiration Date:
Employment and Training Administration
TA-W-42,159
LANDIS GARDNER
DIVISION OF UNOVA INDUSTRIAL AUTOMATION SYSTEMS INC.
WAYNESBORO, PENNSYLVANIA
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 eli-
gibility 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 sub-
division have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated in response to a petition
received on September 23, 2002, filed on behalf of workers at
Landis Gardner, Division of Unova Industrial Automation Systems
Inc., Waynesboro, Pennsylvania. The workers produced grinding
machines.
The investigation revealed that criterion (3) has not been
met.
The preponderance in the declines in employment at the subject
firm is related to a shift in production to another domestic
facility.
The subject firm did not increase their imports of grinding
machines from 2000 to 2001, nor did they report importing grinding
machines in the 2002 through the period of this investigation.
The U.S. Department of Labor conducted a survey of the major
customers of the subject firm regarding their purchases of grinding
machines during 2000, 2001 and January through October 2002 over
the corresponding 2001 period. The survey revealed that none of
the customers increased their imports of grinding machines during
the relevant period.
The investigation further revealed that the company plans to
outsource some plant manufactured parts, to a foreign affiliate in
the near future and import the parts back to the United States.
This is beyond the relevant period of this investigation.
Conclusion
After careful review, I determine that all workers of Landis
Gardner, Division of Unova Industrial Automation Systems Inc.,
Waynesboro, Pennsylvania, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of December 2002.
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance