Petitioner Type: Company
Impact Date: 02/06/2002
Filed Date: 02/10/2003
Most Recent Update: 03/21/2003
Determination Date: 03/21/2003
Expiration Date: 03/21/2005
Employment and Training Administration
TA-W-50,829
ENGINEERED MEDICAL SYSTEMS, INC.
INCLUDING LEASED WORKERS OF SPHERION
INDIANAPOLIS, INDIANA
Certification 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on February 10, 2003 in
response to a petition filed by a company official on behalf of
workers at Engineered Medical Systems, Inc., Indianapolis, Indiana.
The workers at the subject firm produce resuscitation
products; they are not separately identifiable by product line.
The investigation revealed a decrease in employment at the
subject firm during the first quarter of 2003.
The investigation also revealed that the subject firm leased
some of its production workers from Spherion, Indianapolis,
Indiana.
The preponderance in the declines in employment at the subject
firm is related to a shift of the subject firm's production of
resuscitation products to a country (Mexico) that is a party to a
free trade agreement with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm to Mexico of articles that are like or directly
competitive with those produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Engineered Medical Systems, Inc.,
Indianapolis, Indiana, Engineered Medical Systems, Inc.,
Indianapolis, Indiana, and workers of Sperion producing
resuscitation products at Engineered Medical Systems, Inc.,
Indianapolis, Indiana, who became totally or partially
separated from employment on or after February 6, 2002 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 21st day of March, 2003
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance