Petitioner Type: Workers
Impact Date: 03/24/2003
Filed Date: 03/25/2004
Most Recent Update: 04/19/2004
Determination Date: 04/19/2004
Expiration Date: 04/19/2006
Employment and Training Administration
TA-W-54,590
MEDEX, INC.
FORMERLY ETHICON ENDO-SURGERY
A DIVISION OF JOHNSON & JOHNSON
INCLUDING LEASED WORKERS OF KELLY SERVICES AND RANDSTAD
SOUTHINGTON, CONNECTICUT
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility 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 March 25, 2004 in response
to a petition filed on behalf of workers of Johnson & Johnson, now
Medex, Southington, Connecticut. The workers produce catheters.
The investigation revealed that the official company name is
Medex, Inc. Some of the workers' wages may have been reported
under the Federal Employer Identification number for Ethicon Endo-
Surgery, a division of Johnson & Johnson. Medex, Inc. also leased
some workers from Kelly Services and Randstad.
Declines in employment at the subject facility have occurred,
and the subject firm has undertaken 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 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.
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 that criterion 2 has not been
met. The investigation revealed that the workers at the subject
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 Medex, Inc., formerly Ethicon Endo-Surgery, a
division of Johnson & Johnson, including leased workers of
Kelly Services and Randstad, Southington, Connecticut, who
became totally or partially separated from employment on or
after March 24, 2003 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 all workers of Medex, Inc., formerly
Ethicon Endo-Surgery, a division of Johnson & Johnson, including
leased workers of Kelly Services and Randstad, Southington,
Connecticut, are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974,
as amended.
Signed in Washington, D.C., this 19th day of April 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance