DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,632

LEYBOLD VACUUM, USA, INC.
TEMPE, ARIZONA

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 January 13, 2006, in
response to a petition filed by a State agency representative on
behalf of workers of Leybold Vacuum USA, Inc., Tempe, Arizona.
The workers provided sales and technical support services. They
also provided telephone support to the customers, taking orders
and answering questions about delivery.
The investigation revealed that all workers of the subject
firm in Tempe, Arizona, were separated from employment when the
office closed in October 2004, more than one year from the date
that the Department received the petition.
Section 223(b)(l) of the Trade Act of 1974, as amended,
provides that a TAA certification may not apply to any worker
whose separation from employment occurred more than one year
prior to the date the petition was filed. Thus, the worker
group cannot be considered import impacted or affected by a
shift in production of an article.
The same worker group was denied eligibility to apply for
trade adjustment assistance on October 6, 2004 (TA-W-55,604).
That investigation determined that the workers provided a
service and did not support the production of an article
produced domestically.
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, I determine that all workers of
Leybold Vacuum USA, Inc., Tempe, Arizona, 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 7th day of February, 2006

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