Petitioner Type: Union
Impact Date: 09/02/2003
Filed Date: 09/09/2004
Most Recent Update: 09/29/2004
Determination Date: 09/29/2004
Expiration Date: 09/29/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,574
PHILIPS LIGHTING COMPANY
A SUBSIDIARY OF ROYAL PHILIPS ELECTRONICS
PARIS, TEXAS
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Remand
On March 9, 2005, the U.S. Court of International Trade
(USCIT) granted the Department of Labor’s motion for a voluntary
remand in Former Employees of Philips Lighting Company v. United
States Secretary of Labor, Court No. 04-00651.
On September 29, 2004, the Department issued a determination
for the September 2, 2004 petition filed on behalf of workers at
the subject company. The workers were certified as eligible to
apply for Trade Adjustment Assistance (TAA) and ineligible to
apply for Alternative Trade Adjustment Assistance (ATAA). The
Notice of determination was published in the Federal Register on
October 26, 2004 (69 FR 62462).
By letter dated December 19, 2004, the International
Brotherhood of Electrical Workers, Local 1794, appealed to the
USCIT for administrative reconsideration of the Department’s
negative determination regarding the subject worker group’s
eligibility to apply for ATAA and requested an extension of the
certification period to include workers who were separated prior
to September 2, 2003 (one year prior to the petition date).
Pursuant to the USCIT’s March 9, 2005 order, the Department
has conducted an investigation on remand to determine the
workers’ eligibility to apply for ATAA certification.
The group eligibility certification criteria for the ATAA
program under Section 246 the Trade Act of 1974, as amended,
established that the Department must determine whether a
significant number of workers in the workers' firm are 50 years
of age or older, whether the workers in the workers' firm possess
skills that are not easily transferable, and whether the
competitive conditions within the workers' industry are adverse.
During the initial determination, the Department determined
that at least five percent of the workforce at the subject firm
is at least fifty years of age, that workers of the subject firm
possess skills that are easily transferable, and that competitive
conditions within the industry are adverse.
During the remand investigation, the Department obtained new
information, including information that shows that the average
salary level of workers with similar skills as the worker group
declined significantly during the investigatory period, that
manufacturing employment opportunities within a 120-mile radius
of the subject firm are scarce, and that existing manufacturing
companies in the county which the subject company is located are
not seeking hiring workers with those skills which are possessed
by the subject worker group.
The Department cannot grant the petitioner’s request to
extend the certification period to include workers who were
separated prior to September 2, 2003 because the applicable
regulation, 29 CFR 90.16(e)(1), states that exclusions from
coverage of a certification of eligibility include any worker
whose last total or partial separation from the subject firm
occurred more than one year before the date of the petition.
Conclusion
After careful review of the facts, I conclude that the
requirements of Section 246 of the Trade Act of 1974, as amended,
have been met for workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
“All workers of Philips Lighting Company, A Subsidiary of
Royal Philips Electronics, Paris, Texas, who became totally
or partially separated from employment on or after September
2, 2003 through September 29, 2006, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974.”
Signed at Washington, D.C. this 7th day of June 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,574
PHILIPS LIGHTING COMPANY
A SUBSIDIARY OF ROYAL PHILIPS ELECTRONICS
PARIS, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to
Apply for Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met – the sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers’ firm or subdivision contributed
importantly to workers’ separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on September 9, 2004 in
response to a petition filed by the International Brotherhood of
Electrical Workers, Local Union 1794, on behalf of workers at
Philips Lighting Company, a subsidiary of Royal Philips
Electronics, Paris, Texas. The workers at the subject facility
produce incandescent end caps and lead wires used to produce lamps
and are separately identifiable from other workers at the facility
producing other lamp components.
The investigation revealed that the subject facility’s
production of incandescent end caps and lead wires decreased in
2003 when compared to 2002 and during the period of January through
August 2004 when compared to the same period in 2003. Employment at
the subject facility has decreased over the past year.
Furthermore, the investigation revealed that the subject
facility’s imports of incandescent end caps and lead wires
increased during the relevant period and that imports of both
commodities will increase in 2005.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers’ firm
are 50 years of age or older.
2. Whether the workers in the workers’ firm possess skills that
are not easily transferable.
3. The competitive conditions with the workers’ industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met. The investigation revealed that workers of the subject
facility possess skills that are easily transferable to other
positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with incandescent end caps and lead
wires produced at Philips Lighting Company, a subsidiary of Royal
Philips Electronics, Paris, Texas contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Philips Lighting Company, a subsidiary of
Royal Philips Electronics, Paris, Texas engaged in employment
related to the production of incandescent end caps and/or lead
wires who became totally or partially separated from
employment on or after September 2, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
I further determine that all workers of Philips Lighting Company, a
subsidiary of Royal Philips Electronics, Paris, Texas engaged in
employment related to the production of incandescent end caps
and/or lead wires are denied eligibility to apply for alternative
trade assistance under section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 29th day of September 2004.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-55,574
PHILIPS LIGHTING COMPANY
A SUBSIDIARY OF ROYAL PHILIPS ELECTRONICS
PARIS, TEXAS
Notice of Revised Determination
Of Alternative Trade Adjustment Assistance
On Remand
On March 9, 2005, the U.S. Court of International Trade
(USCIT) granted the Department of Labor’s motion for a voluntary
remand in Former Employees of Philips Lighting Company v. United
States Secretary of Labor, Court No. 04-00651.
On September 29, 2004, the Department issued a determination
for the September 2, 2004 petition filed on behalf of workers at
the subject company. The workers were certified as eligible to
apply for Trade Adjustment Assistance (TAA) and ineligible to
apply for Alternative Trade Adjustment Assistance (ATAA). The
Notice of determination was published in the Federal Register on
October 26, 2004 (69 FR 62462).
By letter dated December 19, 2004, the International
Brotherhood of Electrical Workers, Local 1794, appealed to the
USCIT for administrative reconsideration of the Department’s
negative determination regarding the subject worker group’s
eligibility to apply for ATAA and requested an extension of the
certification period to include workers who were separated prior
to September 2, 2003 (one year prior to the petition date).
Pursuant to the USCIT’s March 9, 2005 order, the Department
has conducted an investigation on remand to determine the
workers’ eligibility to apply for ATAA certification.
The group eligibility certification criteria for the ATAA
program under Section 246 the Trade Act of 1974, as amended,
established that the Department must determine whether a
significant number of workers in the workers' firm are 50 years
of age or older, whether the workers in the workers' firm possess
skills that are not easily transferable, and whether the
competitive conditions within the workers' industry are adverse.
During the initial determination, the Department determined
that at least five percent of the workforce at the subject firm
is at least fifty years of age, that workers of the subject firm
possess skills that are easily transferable, and that competitive
conditions within the industry are adverse.
During the remand investigation, the Department obtained new
information, including information that shows that the average
salary level of workers with similar skills as the worker group
declined significantly during the investigatory period, that
manufacturing employment opportunities within a 120-mile radius
of the subject firm are scarce, and that existing manufacturing
companies in the county which the subject company is located are
not seeking hiring workers with those skills which are possessed
by the subject worker group.
The Department cannot grant the petitioner’s request to
extend the certification period to include workers who were
separated prior to September 2, 2003 because the applicable
regulation, 29 CFR 90.16(e)(1), states that exclusions from
coverage of a certification of eligibility include any worker
whose last total or partial separation from the subject firm
occurred more than one year before the date of the petition.
Conclusion
After careful review of the facts, I conclude that the
requirements of Section 246 of the Trade Act of 1974, as amended,
have been met for workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
“All workers of Philips Lighting Company, A Subsidiary of
Royal Philips Electronics, Paris, Texas, who became totally
or partially separated from employment on or after September
2, 2003 through September 29, 2006, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974.”
Signed at Washington, D.C. this 7th day of June 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,574
PHILIPS LIGHTING COMPANY
A SUBSIDIARY OF ROYAL PHILIPS ELECTRONICS
PARIS, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to
Apply for Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of its 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 Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met – the sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers’ firm or subdivision contributed
importantly to workers’ separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on September 9, 2004 in
response to a petition filed by the International Brotherhood of
Electrical Workers, Local Union 1794, on behalf of workers at
Philips Lighting Company, a subsidiary of Royal Philips
Electronics, Paris, Texas. The workers at the subject facility
produce incandescent end caps and lead wires used to produce lamps
and are separately identifiable from other workers at the facility
producing other lamp components.
The investigation revealed that the subject facility’s
production of incandescent end caps and lead wires decreased in
2003 when compared to 2002 and during the period of January through
August 2004 when compared to the same period in 2003. Employment at
the subject facility has decreased over the past year.
Furthermore, the investigation revealed that the subject
facility’s imports of incandescent end caps and lead wires
increased during the relevant period and that imports of both
commodities will increase in 2005.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers’ firm
are 50 years of age or older.
2. Whether the workers in the workers’ firm possess skills that
are not easily transferable.
3. The competitive conditions with the workers’ industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met. The investigation revealed that workers of the subject
facility possess skills that are easily transferable to other
positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with incandescent end caps and lead
wires produced at Philips Lighting Company, a subsidiary of Royal
Philips Electronics, Paris, Texas contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Philips Lighting Company, a subsidiary of
Royal Philips Electronics, Paris, Texas engaged in employment
related to the production of incandescent end caps and/or lead
wires who became totally or partially separated from
employment on or after September 2, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
I further determine that all workers of Philips Lighting Company, a
subsidiary of Royal Philips Electronics, Paris, Texas engaged in
employment related to the production of incandescent end caps
and/or lead wires are denied eligibility to apply for alternative
trade assistance under section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 29th day of September 2004.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance