DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,270

THERMO FISHER SCIENTIFIC
ANATOMICAL PATHOLOGY DIVISION
LAB VISION FREMONT MANUFACTURING DEPARTMENT
FREMONT, CALIFORNIA

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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of Section 222 have been met.
This investigation was initiated on October 23, 2008 in
response to a petition filed on behalf of workers of Thermo Fisher
Scientific, Anatomical Pathology Division, Lab Vision Freemont
Manufacturing Department, Fremont, California. The workers
produced Autostainers and PT (peripheral tissue) Modules for use
in histological research. Workers are not separately identifiable
by product.
Employment, sales, and production at the Fremont, California
facility have decreased absolutely upon its closure in October
2008.
The subject firm has shifted production of Autostainers and
PT Modules to the United Kingdom, replacing production at the
Fremont facility. All overseas production will be imported for
sale in the United States beginning in December 2008.
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 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 determine that there was a shift in production
from the workers' firm or subdivision to the United Kingdom of
articles that are like or directly competitive with those produced
by the subject firm or subdivision, and there has been or is
likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the
Act, I make the following certification:
"All workers of Thermo Fisher Scientific, Anatomical
Pathology Division, Lab Vision Freemont Manufacturing
Department, Fremont, California, who became totally or
partially separated from employment on or after October 22,
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, 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 21st day of November 2008


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance