DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,809

EDWARDS VACUUM, INC.
WILMINGTON, MASSACHUSETTS

Notice of Revised Determination
on Reconsideration

By application dated April 23, 2008, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
March 31, 2008 and published in the Federal Register on April 17,
2008 (73 FR 20954).
In the request for reconsideration, the company official
provided new information regarding production at the subject
facility. The company official stated that workers of the
subject facility produce remanufactured vacuum pumps for retail.
Based on the information provided by the company official,
the Department determined that workers of the subject firm were
engaged in the production of remanufactured vacuum pumps. The
investigation also revealed that the subject firm has begun
shifting production of remanufactured vacuum pumps to Mexico and
that this shift contributed to the layoffs at the subject firm.


In accordance with Section 246 the Trade Act of 1974
(26 USC 2813), as amended, the Department 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 group eligibility requirements
of Section 246 of the Trade Act, as amended, must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
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 Mexico 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 Edwards Vacuum, Inc., Wilmington,
Massachusetts who became totally or partially separated from
employment on or after February 4, 2007 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 are
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 5th day of June 2008.


/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,809

EDWARDS VACUUM, INC.
WILMINGTON, MASSACHUSETTS

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 February 7, 2008, in
response to a petition filed by the Massachusetts State Workforce
Office on behalf of workers of Edwards Vacuum, Inc., Wilmington,
Massachusetts. The workers repair and remanufacture vacuum pumps.
The investigation revealed that Edwards Vacuum, Inc.,
Wilmington, Massachusetts does 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 repair and remanufacture workers described above do not support
a firm or appropriate subdivision that produces an article
domestically and 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 the
investigation, I determine that all workers of Edwards Vacuum,
Inc., Wilmington, Massachusetts 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 31st day of March 2008

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance








- 2 -