DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,143

LIEBERT CORPORATION
DELAWARE, OHIO

Notice of Determinations 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 Division 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 adjustment assistance
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdi-vision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appro-priate subdivision have contributed importantly
to the separations, or threat thereof, and to the
absolute decline in sales or production.

The investigation was initiated in response to a petition
received on March 25, 2002, filed on behalf of workers at
Liebert Corporation, Delaware, Ohio. The workers produced surge
suppressors and battery back-ups for mainframe computers.
It has been determined with respect to workers producing
battery back-up devices for mainframe computers that all of the
criteria have been met.
Investigation findings revealed that during the period
January through February 2002 the subject plant experienced
declines in sales, production, and levels of employment, as
compared with the same period of 2001.
The investigation also showed that during the past year the
subject firm has increased its imports of battery back-up
devices for mainframe computers.
It has been determined with respect to workers engaged in
the production of surge protectors for mainframe computers that
criterion (3) has not been met.
The subject firm has not increased its imports of surge
protectors for mainframe computers.
A petition for NAFTA Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-
5910). A determination on that petition will be made
concurrently with this determination.


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 the battery back-ups produced by
workers at Liebert Corportation, Delaware, Ohio, contributed
importantly to the decline in sales and production and to the
total or partial separation of workers of the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers at Liebert Corporation, Delaware, Ohio,
who became totally or partially separated from
employment on or after February 25, 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."
I further determine that all workers Liebert
Corporation, Delaware, Ohio, who produce surge
suppressors are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed at Washington, D.C., this 11th day of June 2002.
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance