Petitioner Type: Workers
Impact Date: 11/30/2003
Filed Date: 12/08/2004
Most Recent Update: 12/20/2004
Determination Date: 12/20/2004
Expiration Date: 12/20/2006
Employment and Training Administration
TA-W-56,177
WYETH PHARMACEUTICALS
INCLUDING LEASED WORKERS OF KELLY SCIENTIFIC RESOURCES
AND KELLY SERVICES
MARIETTA, PENNSYLVANIA
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 December 12, 2004 in response to
a petition filed on behalf of workers of Wyeth Pharmaceuticals,
Marietta, Pennsylvania. The workers at the subject facility produce
Cold Adapted Influenza Vaccine Trivalent (CAIV-T). The subject firm
leased workers from Kelley Scientific Resources and Kelly Services.
The investigation revealed that employment at the subject
facility decreased in 2003 compared to 2002 and during the period of
January through June of 2004 when compared to the same period in the
previous year. The subject facility is scheduled to shut down on
December 31, 2004.
Furthermore, the investigation revealed the preponderance of
declines in employment at the subject firm is related to a shift in
production of CAIV-T to an existing production facility in the United
Kingdom. Imports of CAIV-T will likely increase from that facility.
In addition, 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 increases of imports of articles like or directly
competitive those produced at the subject facility contributed
importantly to the total or partial separation of workers and to the
decline in sales or production and at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Wyeth Pharmaceuticals, including leased workers
of Kelley Scientific Services and Kelley Services, Marietta,
Pennsylvania who became totally or partially separated from
employment on or after November 30, 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 20th day of December 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance