DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,117

BAUSCH & LOMB
ST. LOUIS, MISSOURI

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 (19
USC 2273), as amended, 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)(A) of
Section 222 have been met.
The investigation was initiated on June 21, 2004 and filed by
the Surgical Instruments Workers Union (SIWU) on behalf of workers
at Bausch & Lomb, St. Louis, Missouri. The workers produce
surgical instruments.
The investigation revealed that employment, sales, and
production declined at the subject firm from January through May
2004 compared with the same period in 2003.
The investigation also revealed that the subject firm shifted
production of surgical instruments to Germany, and anticipates
increasing imports of these products.
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 3 has not been
met. Conditions within the workers' industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive produced at the subject firm
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm. In
accordance with the provisions of the Act, I make the following
certification:


"All workers of Bausch & Lomb, St. Louis, Missouri, who became
totally or partially separated from employment on or after
June 15, 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."
I further determine that all workers of Bausch & Lomb, St.
Louis, Missouri, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 6th day of July, 2004
/s/ Richard Church

_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance