Petitioner Type: Workers
Impact Date:
Filed Date: 05/14/2003
Most Recent Update: 06/05/2003
Determination Date: 06/05/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,747
FISHER SCIENTIFIC
INDIANA, PENNSYLVANIA
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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on May 14, 2003 in response to
a petition filed on behalf of workers of Fisher Scientific,
Indiana, Pennsylvania. The workers produce research laboratory
equipment.
The investigation revealed that criteria I.B and II.B have not
been met.
Sales and production levels at the subject plant have not
declined but have increased in every reported period.
There has been no production shift from the subject plant to
any foreign location.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case. The subject firm did
not supply a component to a primary firm whose workers have been
certified as trade impacted.
Conclusion
After careful review, I determine that all workers of Fisher
Scientific, Indiana, Pennsylvania are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D.C. this 5th day of June 2003.
/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance