DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,511

RUSCH, INC.
INCLUDING LEASED WORKERS OF TRC STAFFING
DECATUR, GEORGIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination to Apply for Alternative Trade 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 November 12, 2003 in
response to a petition filed by a company official on behalf of
workers at Rusch, Inc., Decatur, Georgia. The workers at the
subject firm produce catheters.
The investigation shows that the subject firm leases some
production workers from TRC Staffing.
The investigation further revealed that the preponderance in
the declines in employment at the subject firm is related to a
shift in production of catheters to a country (Mexico) that is a
party to a free trade agreement with the United States.
In addition, in accordance with Section 246 of 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 group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined in this case that criterion 2
has not been met.
The investigation revealed that a significant number of
workers at the firm possess skills that are easily transferable.



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 Rusch, Inc., Decatur, Georgia, and leased
workers of TRC Staffing producing catheters at Rusch, Inc.,
Decatur, Georgia who became totally or partially separated
from employment on or after November 4, 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
"I further determine that workers of Rusch, Inc.,
Decatur, Georgia are denied eligibility to apply for
alternative trade adjustment assistance under section 246 of
the Trade Act of 1974."

Signed in Washington, D.C. this 24th day of November 2003.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance