Petitioner Type: Company
Impact Date: 11/03/2004
Filed Date: 11/09/2005
Most Recent Update: 12/19/2005
Determination Date: 12/19/2005
Expiration Date: 12/19/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,296
KIMBERLY-CLARK
BALLARD MEDICAL PRODUCTS DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SOS STAFFING AND EXPRESS
PERSONNEL STAFFING
POCATELLO, IDAHO
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, 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 November 9, 2005, in
response to a petition filed by a company official on behalf of
workers at Kimberly-Clark, Ballard Medical Products Division,
Pocatello, Idaho. The workers manufacture disposable medical
devices such as drains, foam care, cardiotronics, enteral feeding,
endoscopic devices, injection, and silicone molding. Workers are
not separately identifiable.
In addition, the subject firm also leased on-site workers from
SOS Staffing and Express Personnel Staffing.
The investigation revealed that employment at the subject firm
declined during the period of January through October 2005, when
compared to the same time period in 2004.
The subject firm shifted a portion of its production of
endoscopic devices and enternal feeding devices to a country
(Mexico) that is 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 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 there was a shift in production
from the workers' firm or subdivision to Mexico of endoscopic
devices and enternal feeding devices 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 Kimberly-Clark, Ballard Medical Products
Division, Pocatello, Idaho, including on-site leased workers
of SOS Staffing and Express Personnel, who became totally or
partially separated from employment on or after November 3,
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 19th day of December 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance