Petitioner Type: State
Impact Date: 11/22/2005
Filed Date: 12/11/2006
Most Recent Update: 02/09/2007
Determination Date: 02/09/2007
Expiration Date: 02/09/2009
Employment and Training Administration
TA-W-60,573
TEVA PHARMACEUTICALS
INCLUDING ON-SITE LEASED WORKERS OF
KELLY SERVICES AND DDM LEASING
CIDRA, PUERTO RICO
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 December 11, 2006 in
response to a petition filed by an official of the Protectorate
of Puerto Rico on behalf of workers at Teva Pharmaceuticals,
Cidra, Puerto Rico. The workers produce pharmaceutical
products.
The investigation revealed that the subject firm employs
on-site leased workers from Kelly Services and DDM Leasing.
The investigation revealed that from 2005 to 2006
employment at the subject firm declined.
The investigation revealed that the decline in employment
at the subject firm is related to a shift in production of
pharmaceutical products to Canada, a country that is party to a
free trade agreement with the United States.
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 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 do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there has been a shift in
production from Teva Pharmaceuticals, Cidra, Puerto Rico to
Canada of articles that are like or directly competitive with
the pharmaceutical products produced by that firm or
subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Teva Pharmaceuticals, Cidra, Puerto Rico,
including on-site leased workers of Kelly Services and DDM
Leasing at Teva Pharmaceuticals, Cidra, Puerto Rico who
became totally or partially separated from employment on or
after November 22, 2005, through two years from the date of
certification are eligible to apply for adjustment assis-
tance 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 9th day of February, 2007
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance