Petitioner Type: Workers
Impact Date: 10/29/2004
Filed Date: 08/12/2005
Most Recent Update: 09/09/2005
Determination Date: 09/09/2005
Expiration Date: 09/09/2007
Employment and Training Administration
TA-W-57,732
MICROTEK MEDICAL
A SUBSIDIARY OF MICROTEK MEDICAL HOLDINGS, INC.
COLUMBUS, MISSISSIPPI
Amended 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), and Section 246 of the Trade Act of 1974, (26 USA
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on September 9, 2005,
applicable to workers of Microtek Medical, a subsidiary of
Microtek Medical Holdings, Inc., Columbus, Mississippi. The
notice was published in the Federal Register on October 6, 2005
(70 FR 58478).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of sterile drapes and covers for
microscopes, cameras and patients and are not separately
identifiable by product line.
New findings show that there was a previous certification,
TA-W-42,178, issued on October 28, 2002, for workers of Microtek
Medical, a subsidiary of Microtek Medical Holdings, Inc.,
Columbus, Mississippi who were engaged in employment related to
the production of disposable medical drapes. That certification
expired October 28, 2004. To avoid an overlap in worker group
coverage, the certification is being amended to change the impact
date from August 12, 2004 to October 29, 2004, for workers of the
subject firm.
The amended notice applicable to TA-W-57,732 is hereby
issued as follows:
"All workers of Microtek Medical, Inc., a subsidiary of
Microtek Medical Holdings, Inc., Columbus, Mississippi, who
became totally or partially separated from employment on or
after October 29, 2004, through September 9, 2007, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974.”
“I further determine that all workers of Microtek Medical,
Inc., a subsidiary of Microtek Medical Holdings, Inc.,
Columbus, Mississippi are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.”
Signed at Washington, D.C. this 6th day of October, 2005.
/s/ Richard Church
____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,732
MICROTEK MEDICAL
A SUBSIDIARY OF MICROTEK MEDICAL HOLDINGS, INC.
COLUMBUS, MISSISSIPPI
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, 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 August 15, 2005 in response
to a petition filed on behalf of workers of Microtek Medical, Inc.,
a subsidiary of Microtek Medical Holdings, Inc., Columbus,
Mississippi. The workers produce sterile drapes and covers for
microscopes, cameras, and patients.
The investigation further revealed that declines in employment
at the subject firm are related to a shift in production of sterile
drapes and covers to a country (Dominican Republic) that is a
beneficiary under the Caribbean Basin Economic Recovery Act.
In addition, 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 2 has not been
met. The workers’ possess skills that are easily transferable to
new positions.
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 the Dominican Republic 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 Microtek Medical, Inc., a subsidiary of
Microtek Medical Holdings, Inc., Columbus, Mississippi, who
became totally or partially separated from employment on or
after August 12, 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.”
I further determine that all workers of Microtek Medical,
Inc., a subsidiary of Microtek Medical Holdings, Inc.,
Columbus, Mississippi, 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 9th day of September, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance