Former Employees of Philips Lighting Co. v. United States Sec'y of Labor , 2005 CIT 94 ( 2005 )

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