Petitioner Type: Workers
Impact Date: 12/07/2000
Filed Date: 01/22/2002
Most Recent Update: 06/12/2002
Determination Date: 06/12/2002
Expiration Date: 06/12/2004
Employment and Training Administration
LEYBOLD VACUUM USA, INC.
TA-W-40,609
EXPORT, PENNSYLVANIA
TA-W-40,609A
TEMPE, ARIZONA
TA-W-40,609B
MILWAUKEE, OREGON
TA-W-40,609C
AUSTIN, TEXAS
TA-W-40609D
SAN JOSE, CALIFORNIA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on June 12,
2002, applicable to workers of Leybold Vacuum USA, Inc., Export,
Pennsylvania. The notice was published in the Federal Register
on June 24, 2002 (67 FR 42583).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. New
information shows that worker separations occurred at the Tempe,
Arizona, Milwaukee, Oregon, Austin, Texas and San Jose,
California locations of Leybold Vacuum USA, Inc. These employees
provided sales and direct field support services supporting the
production of dry vacuum pumps and other pumps at the Export,
Pennsylvania location of the subject firm.
Based on these findings, the Department is amending this
certification to include employees of the Tempe, Arizona,
Milwaukee, Oregon, Austin, Texas and San Jose, California
facilities of Leybold Vacuum USA, Inc.
The intent of the Department=s certification is to include
all workers of Leybold Vacuum USA, Inc. who were adversely
affected by increased imports.
The amended notice applicable to TA-W-40,609 is hereby
issued as follows:
"All workers of Leybold Vacuum USA, Inc., Export,
Pennsylvania (TA-W-40,609), Tempe, Arizona, (TA-W-
40,609A), Milwaukee, Oregon (TA-W-40,609B), Austin,
Texas (TA-W-40,609C) and San Jose, California (TA-W-
40,609D) who became totally or partially separated from
employment on or after December 7, 2000, through June
12, 2004, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed at Washington, D.C. this 15th day of August, 2002.
/s/ Edward A. Tomchick
_______
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,609
LEYBOLD VACUUM USA INCORPORATED
EXPORT, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the
Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein
presents the results of an investigation regarding certification of eligi-bility to apply for worker
adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply
for adjustment assistance each of the group eligibility requirements of Section 222 of the Act must be
met. It is determined in this case that all of the requirements have been met.
The investigation was initiated in response to a petition received on January 22, 2002
and filed on behalf of workers at Leybold Vacuum USA Inc., Export, Pennsylvania.
The petition was filed on behalf of workers that produced dry vacuum pumps.
The investigation revealed the company announced in the fourth quarter of 2001 the
discontinuation of its manufacture of dry vacuum pumps at the subject facility.
Layoffs occurred in the first quarter of 2002.
Sales of dry vacuum pumps decreased in January-September 2001 compared to
the same period in 2000.
The Department conducted a survey of major declining customers
of the subject firm regarding their purchases of dry vacuum pumps
in 1999, 2000 and January-September 2001. The survey revealed that
a respondent that accounted for a significant percentage of the
subject firm's sales decline of dry vacuum pumps and of the subject
firm's decline of total sales in January-September 2001 compared to
the same period in 2000 increased its purchases of dry vacuum pumps
from foreign firms while decreasing its purchases of dry vacuum
pumps from the subject firm in January-September 2001 compared to
the same period in 2000.
Conclusion
After careful review of the facts obtained in the investi-gation, I conclude that increases of
imports of articles like or directly competitive with dry vacuum pumps produced at Leybold
Vacuum USA Inc., Export, Pennsylvania contributed importantly to the decline in
sales or production and to the total or partial separation of workers of that firm. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Leybold Vacuum USA Inc., Export, Pennsylvania who
became totally or partially separated from employment on or after December 7, 2001
through two years from the date of certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 12th day of June, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance