DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,226

PHONAK LLC
ALSO KNOWN AS PHONAK INC.
ROCHESTER, MINNESOTA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
And 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.
The investigation was initiated on December 16, 2004, in
response to a petition filed by a state agency representative on
behalf of workers at Phonak LLC, also known as Phonak Inc.,
Rochester, Minnesota. The workers reprocessed, salvaged parts, and
serviced bi-cross wireless hearing aids.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision.
The investigation revealed that although production occurred
at the firm, the workers of Phonak LLC, Rochester, Minnesota,
cannot be considered import impacted or affected by a shift in
production of articles because sales and production of hearing
aids produced by the firm increased from 2003 to 2004. The
decrease in employment at Phonak LLC, Rochester, Minnesota, is
attributable to that work being shifted to an affiliated
subdivision of the firm.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Phonak LLC, also
known as Phonak, Inc., Rochester, Minnesota, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 10th day of February 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance