Certified
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TAW-74858  /  Benchmark Electronics (Nashua, NH)

Petitioner Type: Company
Impact Date: 11/08/2009
Filed Date: 11/10/2010
Most Recent Update: 11/19/2010
Determination Date: 11/19/2010
Expiration Date: 11/19/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,858

BENCHMARK ELECTRONICS
INCLUDING ON-STIE LEASED WORKERS
FROM DAVIS COMPANIES
NASHUA, 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. See 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 November 10, 2010, by a company official on behalf of
workers of Benchmark Electronics, Nashua, New Hampshire. The
workers produce and test printed circuit boards. The worker
group includes on-site leased workers from Davis Companies.
The investigation revealed that workers of Benchmark
Electronics, who are engaged in employment related to
producing and testing printed circuit boards, meet the
criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production of printed circuit boards to a foreign country by
Benchmark Electronics contributed importantly to worker group
separations at the Nashua, New Hampshire facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Benchmark
Electronics, Nashua, New Hampshire, who are engaged in
employment related to production and testing printed circuit
boards, 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 Benchmark Electronics, including on-site
leased workers from Davis Companies, Nashua, New
Hampshire, who became totally or partially separated from
employment on or after November 8, 2009, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the 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 19th day of November, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance