Petitioner Type: Company
Impact Date: 05/20/2003
Filed Date: 05/24/2004
Most Recent Update: 07/02/2004
Determination Date: 07/02/2004
Expiration Date: 07/02/2006
Employment and Training Administration
TA-W-54,970
LIFESCAN, INC.
A DIVISION OF JOHNSON & JOHNSON
MILPITAS, CALIFORNIA
Certification Regarding Eligibility to Apply for Alternative
Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated April 28, 2005 a duly authorized official
of the subject company requested ATAA consideration for workers
at the subject firm located in Milpitas, California.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246(a)(3)(A) of the Trade Act must be
met. The Department has determined in this case that the
requirements have been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data
shows that competitive conditions within the medical instruments
industry are adverse.
Conclusion
After careful review of the facts obtained in this
investigation, I conclude that the requirements of Section
246(a)(3)(A) of the Trade Act of 1974, as amended, have been met
for workers at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of LifeScarn Inc., a division of Johnson &
Johnson, Milpitas, California who became totally or
partially separated from employment on or after May 20, 2003
through July 2, 2006 are eligible to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974, as amended.”
Signed in Washington, D.C., this 13th day of July 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,970
LIFESCAN, INC.
A DIVISION OF JOHNSON & JOHNSON
MILPITAS, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker 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 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 May 24, 2004 in response to
a petition filed by a company official on behalf of workers of
Lifescan, Inc., a division of Johnson & Johnson, Milpitas,
California. The affected workers at the subject facility
produced blood glucose meters and are separately identifiable
from those producing other products at the site.
The investigation revealed that employment at the subject
facility decreased from 2002 to 2003, and continued to decrease
through April of 2004.
Furthermore, the investigation revealed that the
preponderance of declines in employment at the subject firm is
related to a shift in production to China. Imports of blood
glucose meters are likely to increase.
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 China of articles that
are like or directly competitive with blood glucose meters
produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Lifescan, Inc., a division of Johnson &
Johnson, Milpitas, California, engaged in employment
related to the production of blood glucose meters who
became totally or partially separated from employment on or
after May 20, 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."
Signed in Washington, D. C. this 2nd day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.