DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,073

R/D TECH
MADISON, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

By letter dated July 23, 2004, a petitioner requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA). The negative determination was
signed on June 28, 2004. The notice will soon be published in
the Federal Register.
The workers of Badger R/D Tech, Madison, Pennsylvania were
certified for Trade Adjustment Assistance (TAA) on June 28, 2004.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
The petitioner alleges in the request for reconsideration
that the skills of the workers at the subject firm are not easily
transferable.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.


Conclusion
After careful review of the additional facts obtained on
reconsideration, 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 R/D Tech, Madison, Pennsylvania, who became
totally or partially separated from employment on or after
June 2, 2003 through June 28, 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 in Washington, D.C. this 30th day of July 2004.

/s/ Elliott S. Kushner
_______________________________

ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


Department of Labor

Employment and Training Administration

TA-W-55,073

R/D TECH
MADISON, PENNSYLVANIA

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 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 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)(B) of
Section 222 have been met.
The investigation was initiated on June 14, 2004 in response
to a petition filed by a company official on behalf of workers at
R/D Tech, Madison, Pennsylvania. The workers at the subject firm
produce Eddy Current Probes; they are not separately identifiable.
The investigation revealed that production and employment
declined absolutely in June of 2004 due to closure of the facility.
Furthermore, the subject firm shifted production of Eddy
Current Probes to a country (Canada) that is party to a free trade
agreement with the United States during the relevant period.
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 assistance
(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 within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers’ skills are
easily transferable.







Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Canada of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of R/D Tech, Madison, Pennsylvania who became
totally or partially separated from employment on or after
June 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;” and
I further determine that all workers of R/D Tech, Madison,
Pennsylvania are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974.
Signed in Washington, D.C. this 28th day of June 2004.


/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance