DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,727

TYCO HEALTHCARE KENDALL
INCLUDING LEASED WORKERS OF KEENA STAFFING COMPANY
PARK PERSONNEL AND MANPOWER TEMPORARY SERVICES
ARGYLE, NEW YORK

Amended 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) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on May 5, 2004,
applicable to workers of Tyco Healthcare Kendall, including
leased workers of Keena Staffing Company and Park Personnel,
Argyle, New York. The notice was published in the Federal
Register on June 2, 2004 (69 FR 31137).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that leased workers of Manpower Temporary
Services were employed at the Argyle, New York location of Tyco
Healthcare Kendall.
Based on these findings, the Department is amending this
certification to include leased workers of Manpower Temporary
Services working at Tyco Healthcare Kendall, Argyle, New York.
The intent of the Department's certification is to include
all workers employed at Tyco Healthcare Kendall, who were
adversely affected by a shift in production to Mexico.
The amended notice applicable to TA-W-54,727 is hereby
issued as follows:
"All workers of Tyco Healthcare Kendall, Argyle, New
York, including leased workers of Keena Staffing
Company, Park Personnel and Manpower Temporary Services
working at Tyco Healthcare Kendall, Argyle, New York,
who became totally or partially separated from
employment on or after April 14, 2003, through May 5,
2006, 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 at Washington, D.C. this 18th day of August 2004.

/s/ Elliott S. Kushner

________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,727

TYCO HEALTHCARE KENDALL
INCLUDING LEASED WORKERS OF KEENA STAFFING COMPANY
AND PARK PERSONNEL
ARGYLE, NEW YORK

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), 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 on April 15, 2004, in
response to a petition filed by the United Steel Workers of
America, Local 506, on behalf of workers of Tyco Healthcare
Kendall, Argyle, New York. The workers at the subject firm are
engaged in employment related to the production of health care
products.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of health
care products to a country (Mexico) that is a party to free trade
agreement with the United States.
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 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 determine 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 Kendall, Argyle, New York,
including lease workers of Keena Staffing and Park Personnel
working at Tyco Healthcare Kendall, Argyle, New York who
became totally or partially separated from employment on or
after April 14, 2003, through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 5th day of May 2004.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance