Petitioner Type: Company
Impact Date: 05/06/2003
Filed Date: 05/17/2004
Most Recent Update: 06/17/2004
Determination Date: 06/17/2004
Expiration Date: 06/17/2006
Employment and Training Administration
TA-W-54,914
MEDTRONIC VASCULAR
INCLUDING LEASED WORKERS OF
MICRO TECH
DANVERS, MASSACHUSETTS
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, 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 May 17, 2004 in response
to a petition filed by a company official on behalf of workers
of Medtronic Vascular, Danvers, Massachusetts. The workers of
Medtronic Vascular subject of this petition produce diagnostic
catheters and vascular accessories. The workers are separately
identifiable by product.
The investigation revealed that leased workers of Micro
Tech, Woburn, Massachusetts working at the subject facility are
a portion of the affected worker group.
The investigation revealed that employment at the subject
facility has decreased absolutely from fiscal year 2003 to
fiscal year 2004.
The investigation revealed that the subject firm is
shifting production of diagnostic catheters and vascular
accessories to a country (Mexico) that is a party to a free
trade agreement with the United States.
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 producing
diagnostic catheters and vascular accessories 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 has been a shift in
production of diagnostic catheters and vascular accessories 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 Medtronic Vascular, including leased
workers of Micro Tech, engaged in employment related to the
production of diagnostic catheters or vascular accessories,
Danvers, Massachusetts, who became totally or partially
separated from employment on or after May 6, 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 at Washington, D.C., this 17th day of June 2004.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance