Petitioner Type: Workers
Impact Date:
Filed Date: 08/11/2005
Most Recent Update: 09/20/2005
Determination Date: 09/20/2005
Expiration Date:
Employment and Training Administration
TA-W-57,725
HILL-ROM COMPANY, INC.
INFORMATION TECHNOLOGY DEPARTMENT
BATESVILLE, INDIANA
Negative Determination 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on August 11, 2005, in
response to a petition filed on behalf of workers of Hill-Rom
Company, Inc., Information Technology Department, Batesville,
Indiana. The workers were engaged in activities related to the
production of hospital patient room furniture and equipment.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
Sales at the subject firm increased from January through July
2005 over the corresponding 2004 period.
The investigation also revealed that the subject firm did not
shift a significant amount of its production of hospital patient
room furniture and equipment to a foreign country during the
relevant period.
The investigation also revealed that the subject firm did not
import a significant amount of its production of hospital patient
room furniture and equipment from a foreign country during the
relevant period.
The predominant cause of the layoffs at the subject firm was
the replacement of a software system that no longer required the
skills of the information technology workers affected by the
layoff.
Conclusion
After careful review, I determine that all workers of Hill-Rom
Company, Inc., Information Technology Department, Batesville,
Indiana, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 20th day of September 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance