Former Employees of Philips Lighting Co. v. United States Sec'y of Labor

2005 CIT 94

• Court: United States Court of International Trade
• Decided: August 2, 2005
• Docket: 04-00651
• Status: Published

Opinion

Slip Op. 05-94

UNITED STATES COURT OF INTERNATIONAL TRADE

BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS ________________________________________ : FORMER EMPLOYEES OF PHILIPS : LIGHTING COMPANY, : : Plaintiffs, : : Court No. 04-00651 v. : : UNITED STATES SECRETARY : OF LABOR, : : Defendant, : ________________________________________:

JUDGMENT ORDER

On March 9, 2005, the Court granted the United States

Department of Labor’s (“Labor”) Consent Motion for Voluntary

Remand. On June 9, 2005, Labor filed a Notice of Revised

Determination of Alternative Trade Adjustment Assistance on Remand

(“Remand Results”). Plaintiffs did not file comments to the Remand

Results.

In the Remand Results, Labor found that Plaintiffs, who became

totally or partially separated on or after September 2,2003,

through September 29, 2006, are eligible to apply for trade

adjustment assistance under 19 U.S.C. § 2272 (2000) and alternative

trade adjustment assistance under 19 U.S.C. § 2813 (Supp. II 2002).

Under 29 C.F.R. § 90.16 (2004), Labor determined that the

certification period could not be extended to include employees

separated before September 2, 2003, one year prior to the date Court No. 04-00651 Page 2

Plaintiffs filed their petition for adjustment assistance benefits.

Upon consideration of the Remand Results, upon all other papers

filed herein, and upon due deliberation, it is hereby

ORDERED that the Remand Results are sustained; and it is further

ORDERED that this action is dismissed.

/s/ Nicholas Tsoucalas NICHOLAS TSOUCALAS SENIOR JUDGE

Dated: August 2, 2005 New York, New York