Petitioner Type: Workers
Impact Date: 11/10/2004
Filed Date: 11/15/2005
Most Recent Update: 12/12/2005
Determination Date: 12/12/2005
Expiration Date: 12/12/2007
Employment and Training Administration
TA-W-58,344
BIO-RAD LABORATORIES, INC.
NEW ENGLAND OPERATIONS
WALTHAM, MASSACHUSETTS
TA-W-58,344A
BIO-RAD LABORATORIES, INC.
NEW ENGLAND OPERATIONS
WATERTOWN, MASSACHUSETTS
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 15, 2005, in
response to a petition filed on behalf of workers of Bio-Rad
Laboratories, Inc., New England Operations, Waltham, Massachusetts
(TA-W-58,344) and Bio-Rad Laboratories, Inc., New England
Operations, Watertown, Massachusetts (TA-W-58,344A).
The workers at Bio-Rad Laboratories, Inc., New England
Operations, Waltham, Massachusetts (TA-W-58,344) produce thermal
cycling instrumentation. The workers at Bio-Rad Laboratories, Inc.,
New England Operations, Watertown, Massachusetts (TA-W-58,344A)
produce thermal electric modules and alpha reaction blocks.
The investigation revealed that the preponderance in the
declines in employment at Bio-Rad Laboratories, Inc., New England
Operations, Waltham, Massachusetts (TA-W-58,344) and Bio-Rad
Laboratories, Inc., New England Operations, Watertown,
Massachusetts (TA-W-58,344A), is related to a shift in production
of thermal cycling instrumentation, thermal electric modules, and
alpha reaction blocks to a country (Mexico) that is a party to a
free trade agreement with the United States.
In addition, in accordance with Section 246 of 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 Bio-Rad Laboratories, Inc.,
New England Operations, Waltham, Massachusetts (TA-W-58,344) and
Bio-Rad Laboratories, Inc., New England Operations, Watertown,
Massachusetts (TA-W-58,344A) 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 conclude that there was a shift in production from
Bio-Rad Laboratories, Inc., New England Operations, Waltham,
Massachusetts (TA-W-58,344) and Bio-Rad Laboratories, Inc., New
England Operations, Watertown, Massachusetts (TA-W-58,344A) to
Mexico of articles that are like or directly competitive with the
thermal cycling instrumentation, thermal electric modules, and
alpha reaction blocks produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Bio-Rad Laboratories, Inc., New England
Operations, Waltham, Massachusetts (TA-W-58,344) and Bio-Rad
Laboratories, Inc., New England Operations, Watertown,
Massachusetts (TA-W-58,344A) who became totally or partially
separated from employment on or after November 10, 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 12th day of December 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance