DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,861

BAYER PHARMACEUTICALS CORPORATION
A DIVISION OF BAYER HEALTHCARE AG
WEST HAVEN, CONNECTICUT

Negative Determination 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.
The investigation was initiated on August 8, 2006, in response
to a petition filed on behalf of the workers of Bayer
Pharmaceuticals Corporation, a division of Bayer Healthcare AG,
West Haven, Connecticut. The petitioning worker group provides
pharmaceutical research and product development for potential new
drugs.
The investigation revealed that Bayer Pharmaceuticals
Corporation, a division of Bayer Healthcare AG, West Haven,
Connecticut, does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The investigation
revealed that although the company does produce articles, the
research and development workers do not support the production that
is marketed by Bayer Healthcare AG.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that workers of Bayer
Pharmaceuticals Corporation, a division of Bayer Healthcare AG,
West Haven, Connecticut, engaged in employment related to
pharmaceutical research and product development, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 14th day of September 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance