Petitioner Type: Company
Impact Date: 12/28/2004
Filed Date: 12/28/2005
Most Recent Update: 02/10/2006
Determination Date: 02/10/2006
Expiration Date: 02/10/2008
Employment and Training Administration
TA-W-58,550
BAXTER HEALTHCARE CORPORATION
FINANCIAL CENTER OF EXCELLENCE
DEERFIELD, ILLINOIS
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 December 28, 2005, in
response to a petition filed by a company official on behalf of
workers at Baxter Healthcare, Financial Center of Excellence,
Deerfield, Illinois. Workers at the subject firm are engaged in
accounting and financial services, business systems support, and
data entry for Baxter Healthcare Corporation.
The investigation revealed that the financial service work was
transferred to Costa Rica and was in direct support of Baxter
Healthcare's domestic production.
The investigation determined that Baxter Healthcare
Corporation has shifted a portion of the production of medication
delivery systems from Albonito, Puerto Rico to Costa Rica, a
beneficiary country 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 investigation revealed the workers possess skills that are
easily transferable.
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 Costa Rica 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 Baxter Healthcare, Financial Center of
Excellence, Deerfield, Illinois, who became totally or
partially separated from employment on or after December 28,
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
I further determine that all workers of Baxter Healthcare,
Financial Center of Excellence, Deerfield, Illinois, 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 10th day of February 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance