DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,966

ABB, INC.
LEWISBURG, WEST VIRGINIA

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 August 28, 2006 in response to
a petition filed by the Maintenance Workers Local Union No. 1182 on
behalf of workers at ABB, Inc., Lewisburg, West Virginia. The
workers produce analytical instrumentation.
The investigation revealed that employment at the subject firm
decreased during the relevant period.
The investigation further revealed a shift of plant production
abroad occurred during the relevant period.
The investigation also revealed that the company is in the
process of importing analytical instrumentation.
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 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 criteria (1) have not

been met.
The investigation revealed a significant number of workers in
the workers' firm are not 50 years of age or older.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers.
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 India of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of ABB, Inc., Lewisburg, West Virginia, who
became totally or partially separated from employment on or
after August 28, 2005 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974"
I further determine that all workers of ABB, Inc., Lewisburg,
West Virginia 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 September, 2006.

/s/ Elliott S. Kushner

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