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TAW-70051A  /  Aavid Thermalloy, LLC (Concord, NH)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 06/26/2009
Determination Date: 06/26/2009
Expiration Date: 06/26/2011

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,051

AAVID THERMALLOY, LLC
LACONIA, NEW HAMPSHIRE

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on June 26, 2009, applicable to workers of
Aavid Thermalloy, LLC, Laconia, New Hampshire. The notice will
soon be published in the Federal Register.
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of thermal management equipment.
The review shows that all workers of Aavid Thermalloy, LLC,
Laconia, New Hampshire, were previously certified eligible to
apply for adjustment assistance under petition number TA-W-
61,394, which expired on May 16, 2009.
Therefore, in order to avoid an overlap in worker group
coverage, the Department is amending the May 18, 2008 impact
date established for TA-W-70,051, to read May 17, 2009.
The amended notice applicable to TA-W-70,051 is hereby
issued as follows:
"All workers of Aavid Thermalloy, LLC, Laconia, New
Hampshire, who became totally or partially separated from
employment on or after May 17, 2009 through June 26, 2011,
and all workers in the group threatened with total or
partial separation from employment on June 26, 2009 through
June 26, 2011, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed at Washington, D.C., this 9th day of July 2009.

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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,051

AAVID THERMALLOY, LLC
LACONIA, NEW HAMPSHIRE

TA-W-70,051A

AAVID THERMALLOY, LLC
CONCORD, NEW HAMPSHIRE

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers’
separation or threat of separation. (Set forth in Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii)).

The investigation was initiated in response to a petition
filed on May 18, 2009 by a company official on behalf of workers
of Aavid Thermalloy, LLC, Laconia, New Hampshire and Concord,
New Hampshire. The workers at the Laconia, New Hampshire
facility produced thermal management equipment. The workers at
the Concord, New Hampshire facility provided sales and payroll
support for the Laconia, New Hampshire facility.
The investigation revealed that workers of Aavid
Thermalloy, LLC, who were engaged in employment related to
production of thermal management equipment, and who provided
direct sales and payroll support services, meet the criteria
for certification.
Criterion I has been met because at least 5 percent of the
workers in the workers’ firm have become totally or partially
separated in the period from January to April, 2009, compared to
the same period in 2008.
Criterion II has been satisfied because there has been a
shift by Aavid Thermalloy, LLC to China, Italy, Taiwan,
Singapore, and Mexico in the production of thermal management
equipment.
Criterion III has been met because the shift in
production of thermal management equipment has contributed
importantly to worker group separations at Aavid Thermollogy,
LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Aavid Thermalloy,
LLC, Laconia, New Hampshire (TA-W-70,051) and Concord, New
Hampshire (TA-W-70,051A), who are engaged in employment related
to production of thermal management equipment, meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
“All workers of Aavid Thermalloy, LLC, Laconia, New
Hampshire (TA-W-70,051) and Aavid Thermalloy, LLC, Concord,
New Hampshire (TA-W-70,051A), who became totally or
partially separated from employment on or after May 18,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial


separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 26th day of June, 2009.


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





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