Denied
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TAW-56790  /  Electronic Measuring Devices, Inc. (Budd Lake, NJ)

Petitioner Type: State
Impact Date:
Filed Date: 03/22/2005
Most Recent Update: 04/11/2005
Determination Date: 04/11/2005
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,790

ELECTRONIC MEASURING DEVICES, INC.
BUDD LAKE, NEW JERSEY

Negative Determinations 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 March 22, 2005, in response
to a petition filed by a state agency representative on behalf of
workers at Electronic Measuring Devices, Inc., Budd Lake, New
Jersey. The workers at the subject firm provide maintenance,
calibrations, and updates on electronic measuring equipment.
The investigation revealed that during the last year,
Electronic Measuring Devices, Inc., Budd Lake, New Jersey did not
produce an article within the meaning of Section 222(a)(2) of the
Act. 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 and there must be a relationship between
the workers' work and the article produced by the workers' firm or
appropriate subdivision. The workers at the subject firm did not
produce electronic measuring equipment in 2004 or during the period
of January through March 2005. Thus, the worker group cannot be
considered import impacted or affected by a shift in production of
an article.
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.
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 Electronic Measuring
Devices, Inc., Budd Lake, New Jersey, 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 11th day of April 2005.


/s/ Linda G. Poole


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