Certified
« back to search results

TAW-63412  /  Pfizer, Inc (Conshohocken, PA)

Petitioner Type: Workers
Impact Date: 05/19/2007
Filed Date: 05/20/2008
Most Recent Update: 08/26/2008
Determination Date: 08/26/2008
Expiration Date: 08/26/2010


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,412

PFIZER GLOBAL MANUFACTURING
INCLUDING ON-SITE LEASED WORKERS FROM COVEX, STELEX, MANPOWER,
JOULE, O'BRIEN & GERE, YOH SCIENTIFIC, EPSI, INTRUMENTATION
TECHNICAL SERVICES, FLUIDICS, AEROTEK, SAI PEOPLE, SYNERFAC,
VALSOURCE, VSS, BARRY WEHMILLER DESIGN GROUP AND MEDFOCUS
CONSHOHOCKEN, PENNSYLVANIA

Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in either
of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are threatened
to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or threat
of separation and to the decline in sales or production of
such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country under
the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an increase in imports
of articles that are like or directly competitive with
articles which are or were produced by such firm or
subdivision.

The investigation was initiated on May 20, 2008, in response to a
petition filed on behalf of workers of Pfizer Global Manufacturing,
Conshohocken, Pennsylvania. The workers produce pharmaceutical
products. The workers are separately identifiable into two groups:
those engaged in activities related to the exclusive production of
Hycamtin and those engaged in activities related to the production of
Cefazolin, Convenia, Excenel and Naxcel.
The worker group includes on-site leased workers from Covex,
Stelex, Manpower, Joule, O'Brien & Gere, Yoh Scientific, EPSI,
Instrumentation Technical Services, Fluidics, Aerotek, Sai People,
Synerfac, Valsource, VSS, Barry Wehmiller Design Group and MedFocus.
The Department has determined that in the case of the workers of
Pfizer Global Manufacturing, Conshohocken, Pennsylvania engaged in
activities related to the production of Hycamtin, the requirements of
(a)(2)(A) of Section 222 have been met.
The investigation revealed that employment and production of
workers engaged in activities related to the production of Hycamtin at
Pfizer Global Manufacturing, Conshohocken, Pennsylvania declined
absolutely during July 2008.
The United States Department of Labor contacted the subject
firm's major declining customer of Hycamtin regarding its purchases
in 2006, 2007, January through May 2007 and January through May 2008.
The customer revealed increases in imports of Hycamtin during the
period under investigation.
It is further determined with respect to workers engaged in
activities related to the production of Cefazolin, Congenia, Excenel
and Naxcel at Pfizer Global Manufacturing, Conshohocken, Pennsylvania
that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met.
The subject firm did not import Cefazolin, Convenia, Excenel or
Naxcel, nor did it shift production to a foreign country during the
period under investigation.
The subject firm did not produce Cefazolin during the relevant
period (twelve months prior to the date on the petition).
The subject firm did not have declining sales of Convenia,
Excenel and Naxcel in 2006, 2007, or January through May 2008. Worker
separations are attributable to a transfer of production to other
domestic facilities.
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 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 in the case of Pfizer Global
Manufacturing, Conshohocken, Pennsylvania engaged in activities
related to the production of Hycamtin that criterion 2 has not been
met. Workers engaged in activities related to the production of
Hycamtin do not meet the requirements of Section 246. Worker skills
are easily transferable to other positions in the local area.
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
workers of Pfizer Global Manufacturing, Conshohocken, Pennsylvania
engaged in activities related to the production of Cefazolin,
Congenia, Excenel and Naxcel are denied eligibility to apply for TAA,
the workers cannot be certified eligible for ATAA.

Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with Hycamtin manufactured by Pfizer Global Manufacturing,
Conshohocken, Pennsylvania contributed importantly to the total or
partial separation of workers engaged in activities related to the
production of Hycamtin and to the decline in sales or production at
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Pfizer Global Manufacturing, Conshohocken,
Pennsylvania engaged in activities related to the production
of Hycamtin, including on-site leased Hycamtin workers from
Covex, Stelex, Manpower, Joule, O'Brien & Gere, Yoh
Scientific, EPSI, Instrumentation Technical Services,
Fluidics, Aerotek, Sai People, Synerfac, Valsource, VSS, Barry
Wehmiller Design Group and MedFocus who became totally or
partially separated from employment on or after May 19, 2007
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Furthermore, I determine that all workers of Pfizer Global
Manufacturing, Conshohocken, Pennsylvania including on-site leased
workers from Covex, Stelex, Manpower, Joule, O'Brien & Gere, Yoh
Scientific, EPSI, Instrumentation Technical Services, Fluidics,
Aerotek, Sai People, Synerfac, Valsource, VSS, Barry Wehmiller
Design Group and MedFocus engaged in activities related to the
production of Cefazolin, Convenia, Excenel and Naxcel are denied
eligibility to apply for adjustment assistance under section 223 of
the Trade Act of 1974.
I further determine that all workers of Pfizer Global
Manufacturing, Conshohocken, Pennsylvania, including on-site leased
workers from Covex, Stelex, Manpower, Joule, O'Brien & Gere, Yoh
Scientific, EPSI, Instrumentation Technical Services, Fluidics,
Aerotek, Sai People, Synerfac, Valsource, VSS, Barry Wehmiller Design
Group and MedFocus engaged in activities related to the production of
Hycamtin, Cefazolin, Convenia, Excenel and Naxcel 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 26th day of August 2008

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance