Petitioner Type: Company
Impact Date: 05/04/2008
Filed Date: 05/19/2009
Most Recent Update: 11/05/2009
Determination Date: 11/05/2009
Expiration Date: 11/05/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,151
SMITH AND NEPHEW, INC.
WOUND MANAGEMENT-LARGO DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
OLSTEN STAFFING, AEROTEK, STAFFWORKS, AND ADECCO
LARGO, FLORIDA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on November 5, 2009, applicable to workers
of Smith and Nephew, Inc., Wound Management-Largo Division,
Largo, Florida, including on-site leased workers of Olsten
Staffing, Aerotek, and Staffworks, Largo, Florida. The notice
was published in the Federal Register January 25, 2010 (75 FR
3943).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of advanced
wound care products such as adhesive dressings, non-adhesive
dressings, skin prep, skin cleaning prep, and medical devices.
The company reports that workers leased from Adecco were
employed on-site at the Largo, Florida location of Smith and
Nephew, Inc., Wound Management-Largo Division. The Department
has determined that these workers were sufficiently under the
control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Adecco working on-
site at the Largo, Florida location of Smith and Nephew, Inc.,
Wound Management-Largo Division.
The amended notice applicable to TA-W-70,151 is hereby
issued as follows:
“All workers of Smith and Nephew, Inc., Wound Management-
Largo Division, including on-site leased workers of Olsten
Staffing, Aerotek, Staffworks, and Adecco, Largo, Florida,
who became totally or partially separated from employment
on or after May 4, 2008, through November 5, 2011, and all
workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 26th day of February, 2010
/S/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,151
SMITH AND NEPHEW, INC.
WOUND MANAGEMENT-LARGO DIVISION
INCLUDING ON-SITE LEASED WORKERS OF OLSTEN STAFFING, AEROTEK,
AND STAFFWORKS
LARGO, FLORIDA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers’
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 19, 2009, by a company official on behalf of
workers of Smith and Nephew, Inc., Wound Management-Largo
Division, Largo, Florida (Smith and Nephew). Workers at the
subject firm produce advanced wound care products such as
adhesive dressings, non-adhesive dressings, skin prep, skin
cleaning prep, and medical devices, and are not separately
identifiable by product line. The worker group includes on-
site leased workers of Olsten Staffing, Aerotek, and Staffworks.
The investigation revealed that workers of Smith and Nephew
who are engaged in employment related to advanced wound care
products meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Smith and Nephew have been separated
from 2007 to 2008, and during January through April 2009
compared to the corresponding 2008 period.
Criterion II has been met because Smith and Nephew has
acquired from a foreign country articles like or directly
competitive with advanced wound care products produced by the
workers.
Criterion III has been met because the acquisition of
advanced wound care products by Smith and Nephew from a foreign
country contributed importantly to worker group separations at
Smith and Nephew.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Smith and Nephew who
are engaged in employment related to advanced wound care
products meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
“All workers of Smith and Nephew, Inc., Wound Management-
Largo Division, Largo, Florida, including on-site leased
workers of Olsten Staffing, Aerotek, and Staffworks, who
became totally or partially separated from employment on or
after May 4, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”
Signed in Washington, D.C., this 5th day of November, 2009
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,151
SMITH AND NEPHEW, INC.
WOUND MANAGEMENT-LARGO DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
OLSTEN STAFFING, AEROTEK, STAFFWORKS, AND ADECCO
LARGO, FLORIDA
Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 2273, the Department of Labor
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on November 5, 2009, applicable to workers
of Smith and Nephew, Inc., Wound Management-Largo Division,
Largo, Florida, including on-site leased workers of Olsten
Staffing, Aerotek, and Staffworks, Largo, Florida. The notice
was published in the Federal Register January 25, 2010 (75 FR
3943).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the production of advanced
wound care products such as adhesive dressings, non-adhesive
dressings, skin prep, skin cleaning prep, and medical devices.
The company reports that workers leased from Adecco were
employed on-site at the Largo, Florida location of Smith and
Nephew, Inc., Wound Management-Largo Division. The Department
has determined that these workers were sufficiently under the
control of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Adecco working on-
site at the Largo, Florida location of Smith and Nephew, Inc.,
Wound Management-Largo Division.
The amended notice applicable to TA-W-70,151 is hereby
issued as follows:
“All workers of Smith and Nephew, Inc., Wound Management-
Largo Division, including on-site leased workers of Olsten
Staffing, Aerotek, Staffworks, and Adecco, Largo, Florida,
who became totally or partially separated from employment
on or after May 4, 2008, through November 5, 2011, and all
workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 26th day of February, 2010
/S/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,151
SMITH AND NEPHEW, INC.
WOUND MANAGEMENT-LARGO DIVISION
INCLUDING ON-SITE LEASED WORKERS OF OLSTEN STAFFING, AEROTEK,
AND STAFFWORKS
LARGO, FLORIDA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (“Act”), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers’
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 19, 2009, by a company official on behalf of
workers of Smith and Nephew, Inc., Wound Management-Largo
Division, Largo, Florida (Smith and Nephew). Workers at the
subject firm produce advanced wound care products such as
adhesive dressings, non-adhesive dressings, skin prep, skin
cleaning prep, and medical devices, and are not separately
identifiable by product line. The worker group includes on-
site leased workers of Olsten Staffing, Aerotek, and Staffworks.
The investigation revealed that workers of Smith and Nephew
who are engaged in employment related to advanced wound care
products meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at Smith and Nephew have been separated
from 2007 to 2008, and during January through April 2009
compared to the corresponding 2008 period.
Criterion II has been met because Smith and Nephew has
acquired from a foreign country articles like or directly
competitive with advanced wound care products produced by the
workers.
Criterion III has been met because the acquisition of
advanced wound care products by Smith and Nephew from a foreign
country contributed importantly to worker group separations at
Smith and Nephew.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Smith and Nephew who
are engaged in employment related to advanced wound care
products meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance
with Section 223 of the Act, 19 U.S.C. § 2273, I make the
following certification:
“All workers of Smith and Nephew, Inc., Wound Management-
Largo Division, Largo, Florida, including on-site leased
workers of Olsten Staffing, Aerotek, and Staffworks, who
became totally or partially separated from employment on or
after May 4, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended.”
Signed in Washington, D.C., this 5th day of November, 2009
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance