DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,026

BSN-JOBST, INC.
INCLUDING ON-SITE LEASED WORKERS OF ACCUFORCE STAFFING
RUTHERFORD COLLEGE, NORTH CAROLINA


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 September 7, 2006 in
response to a petition filed by a company official on behalf of
workers at BSN-Jobst, Inc., Rutherford College, North Carolina.
The workers are engaged in the production of medical devices (i.e.
therapeutic compression hosiery).
The investigation revealed BSN-Jobst, Inc., Rutherford
College, North Carolina also leased workers from Accouforce
Staffing to produce medical devices (i.e. therapeutic compression
hosiery).
The investigation revealed that employment declined during the
relevant period.
The investigation further revealed subject firm is in the
process of shifting production of medical devices (i.e. therapeutic
compression hosiery) to a country (Mexico) that is a 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 addition, 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 conclude that there was a shift in production from
the workers firm or subdivision to Mexico of articles that are like
or directly competitive with those produced at BSN-Jobst, Inc.,
Rutherford College, North Carolina. In accordance with the
provisions of the Act, I make the following certification:
"All workers of BSN-Jobst, Inc., Rutherford College, North
Carolina, including on-site leased workers of Accouforce
Staffing, who became totally or partially separated from
employment on or after September 6, 2005 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 6th day of October, 2006.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance





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