Correction: 11/22/2004

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,728

MEDEX, INC.
INCLUDING LEASED WORKERS FROM ADECCO
DUBLIN, OHIO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and Negative
Determination to Apply for
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 October 4, 2004 in response
to a petition filed by a company official on behalf of workers at
Medex, Inc., Dublin, Ohio. The workers at the subject facility
produce disposable plastic medical supplies and are not separately
identifiably by product line.
The investigation revealed that Medex, Inc., Dublin, Ohio
leased production workers from Adecco.
The preponderance in the declines in employment at the subject
facility is related to a shift in facility production of disposable
plastic medical supplies 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 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 (2) of Section
246 has not been met.
Workers at the firm possess skills that are easily
transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude 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 Medex, Inc., including leased workers from
Adecco, Dublin, Ohio, who became totally or partially
separated from employment on or after September 28, 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 Medex, Inc., including
leased workers from Adecco, Dublin, Ohio, 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 29th day of October, 2004.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance