Certified
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TAW-62972  /  Edwards Vaccum, Inc. (Tempe, AZ)

Petitioner Type: Union
Impact Date: 03/03/2007
Filed Date: 03/07/2008
Most Recent Update: 03/20/2008
Determination Date: 03/20/2008
Expiration Date: 03/20/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,972

EDWARDS VACUUM, INC.
TEMPE, ARIZONA

Certification 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.
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 on March 7, 2008 in response
to a petition filed by a company official on behalf of workers of
Edwards Vacuum, Inc., Tempe, Arizona. The workers produce
refurbished and remanufactured vacuum pumps.
The vacuum pumps refurbished and remanufactured by the subject
firm are mostly done under contract for customers who are owners of
Original Equipment Manufacturing (OEM) vacuum pumps. Additionally,
the subject firm sells a proportion of refurbished and
remanufactured vacuum pumps on the open market. The workers are
not separately identifiable by article or relation to sales.
The investigation revealed that employment at the subject firm
declined between 2006 and 2007 and in January through February 2008
when compared with the same period in 2007.
The subject firm has shifted a portion of production of
refurbished and remanufactured vacuum pumps to a country (Mexico)
which is party to a free trade agreement with the United States.
In accordance with Section 246 of 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 group eligibility requirements
of Section 246 of the Trade Act 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., Tempe, Arizona, who
became totally or partially separated from employment on or
after March 3, 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 also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 20th of March 2008

/s/ Linda G. Poole

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