Petitioner Type: Company
Impact Date: 05/27/2002
Filed Date: 05/28/2003
Most Recent Update: 06/13/2003
Determination Date: 06/13/2003
Expiration Date: 06/13/2005
Employment and Training Administration
TA-W-51,885
TYCO HEALTHCARE/MALLINEKRODT
LAFAYETTE PHARMACEUTICALS, INC.
INCLUDING LEASED WORKERS OF
KELLY SERVICES
MANPOWER
KELLY SCIENTIFIC
LAFAYETTE, 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 May 28, 2003 in response to
a petition filed by the company on behalf of workers at Tyco
Healthcare/MallineKrodt, Lafayette Pharmaceuticals, Inc.,
Lafayette, Indiana. The workers at the subject facility produce
barium sulfate (imaging) products and devices.
The preponderance in the declines in employment at the subject
facility is related to a shift in facility production of barium
sulfate (imaging) products and devices to a country (Mexico) that
is a party to a free trade agreement with the United States.
The investigation further revealed that the subject firm
utilized leased workers from Kelly Services, Manpower, and Kelly
Scientific to prouduce barium sulfate (imaging) products and
devices at its Lafayette, Indiana plant.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision 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 Tyco Healthcare/MallineKrodt, Lafayette
Pharmaceuticals, Inc., Lafayette, Indiana, and leased workers
of Kelly Services, Manpower, and Kelly Scientific producing
barium sulfate (imaging) products and devices at Tyco
Healthcare/MallineKrodt, Lafayette Pharmaceuticals, Inc.,
Lafayette, Indiana who became totally or partially separated
from employment on or after May 27, 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 13th day of June, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance