DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,604
LEYBOLD VACUUM USA, INC.
A DIVISION OF LEYBOLD VACUUM
A DIVISION OF UNAXIS AG
TEMPE, ARIZONA

TA-W-55,604A
LEYBOLD VACUUM USA, INC.
A DIVISION OF LEYBOLD VACUUM
A DIVISION OF UNAXIS AG
MORGAN HILL, CALIFORNIA

Negative Determination Regarding Eligibility
To Apply For Worker 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.
The investigation was initiated on September 14, 2004, in
response to a petition filed on behalf of workers at Leybold Vacuum
USA, Inc., a division of Leybold Vacuum, a division of Unaxis AG,
Tempe, Arizona, and at Leybold Vacuum USA, Inc., a division of
Leybold Vacuum, a division of Unaxis AG, Morgan Hill, California.
Workers at the Tempe, Arizona facility were engaged in sales
coordination and field service activities. These activities
included taking customer orders by telephone, providing telephone
technical support and managing customer calls for on-site repair
services for vacuum pumps produced overseas. Workers at the Morgan
Hill, California facility were engaged in the service and repair of
vacuum pumps, also produced overseas.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the workers at Tempe and
Morgan Hill do not support any domestic production. Thus the
worker group can not be considered import impacted or affected by a
shift in production of an article.
Conclusion
After careful review, I determine that all workers of Leybold
Vacuum USA, Inc., a division of Leybold Vacuum, a division of
Unaxis AG, Tempe, Arizona (TA-W-55,604), and Morgan Hill,
California (TA-W-55,604A) are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 6th day of October 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance