Petitioner Type: Company
Impact Date: 08/13/2002
Filed Date: 08/15/2003
Most Recent Update: 09/09/2003
Determination Date: 09/09/2003
Expiration Date: 09/09/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,570
DEPUY ORTHOPEDICS, INC.
ALBUQUERQUE, NEW MEXICO
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of its 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 in response to a petition
received on August 15, 2003 and filed by a company official on
behalf of workers at DePuy Orthopedics, Inc., Albuquerque, New
Mexico. The workers were engaged in employment related to the
production of disposable medical products.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of
disposable medical products to a country (Dominican Republic)
that is beneficiary country under the Caribbean Economic Recovery
Act.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
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 the Dominican Republic 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 DePuy Orthopedics, Inc., Albuquerque, New
Mexico who became totally or partially separated from
employment on or after August 13, 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 and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 9th day of September, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance