Petitioner Type: Company
Impact Date: 04/20/2003
Filed Date: 04/21/2004
Most Recent Update: 05/11/2004
Determination Date: 05/11/2004
Expiration Date: 05/11/2006
Employment and Training Administration
TA-W-54,752
BAUSCH & LOMB INC
INCLUDING LEASED WORKERS OF KELLY SERVICES
SALT LAKE CITY, UTAH
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 April 21, 2004 in response to
a petition filed by a company official on behalf of workers at
Bausch & Lomb, Inc., Salt Lake City, Utah. The workers at the
subject firm produce Orbscan corneal mapping equipment.
The subject firm leases some of its workers from Kelly
Services, Salt Lake City, Utah.
The investigation revealed employment at the subject firm
decreased in January through April of 2004 in comparison with the
same time frame in 2003.
The subject firm has shifted production of Orbscan corneal
mapping equipment to Germany. Furthermore, the investigation
revealed that company imports will increase after the completion of
the shift.
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 determine that there was a shift in production
from the workers' firm or subdivision to Germany of articles that
are like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Bausch & Lomb, Inc., including leased workers
of Kelly Services, Salt Lake City, Utah, who became totally or
partially separated from employment on or after April 20,
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 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 11th day of May 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance