Petitioner Type: Union
Impact Date: 07/13/2004
Filed Date: 04/21/2005
Most Recent Update: 06/03/2005
Determination Date: 06/03/2005
Expiration Date: 06/03/2007
Employment and Training Administration
TA-W-57,020
GETINGE SOURCING, LLC
ROCHESTER, NEW YORK
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), 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 April 21, 2005, in response
to a petition filed by the International Association of Machinists
and Aerospace Workers on behalf of workers of Getinge Sourcing,
LLC, Rochester, New York. The workers produce sterilization
equipment, including sterilizers and prototype washers. They are
not separately identifiable.
The investigation revealed that employment levels at the
Rochester plant decreased while the subject firm increased its
reliance on imported sterilization equipment during the relevant
period. The investigation further revealed that production of
sterilizers declined in 2004 compared with 2003 as company imports
increased. The same worker group had been certified eligible to
apply for adjustment assistance under TA-W-41,249, which expired on
July 12, 2004.
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 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 sterilizers
like or directly competitive with those produced at Getinge
Sourcing, LLC, Rochester, New York contributed importantly to the
total or partial separation of workers and to the decline in sales
and production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Getinge Sourcing, LLC, Rochester, New York,
who became totally or partially separated from employment on
or after July 13, 2004 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 3rd day of June, 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance