Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 08/21/2009
Determination Date: 08/21/2009
Expiration Date: 08/21/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,204
BAXTER HEALTHCARE
RENAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND APEX
NORTH 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 by the Florida State TAA Coordinator, on May 19, 2009 on
behalf of workers of Baxter Healthcare Corporation, Renal Division,
North Largo, Florida. Workers of the subject firm are engaged in
employment related to the servicing and repairing of peritoneal
dialysis equipment.
The worker group includes on-site leased workers from Kelly
Services and Apex.
The investigation revealed that workers of the North Largo,
Florida location who are engaged in employment related to the
servicing and repairing of peritoneal dialysis equipment meet the
criteria for certification.
Criterion I has been met because a significant portion of
the workers has been separated.
Criterion II has been met because the workers' firm has
shifted servicing and repairing work or like or directly
competitive duties with servicing and repairing of peritoneal
dialysis equipment to a foreign country.
Criterion III has been met because the shift of servicing
and repairing of peritoneal dialysis equipment from the Renal
Division, North Largo, Florida facility to Singapore contributed
importantly to worker group separations with in the Renal
Division.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Baxter Healthcare
Corporation, Renal Division, including on-site leased workers from
Kelly Services and Apex, North Largo, Florida, who are engaged in
employment related to the servicing and repairing of peritoneal
dialysis equipment 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 Baxter Healthcare Corporation, Renal Division,
including on-site leased workers from Kelly Services and Apex,
North Largo, Florida, who became totally or partially
separated from employment on or after May 18, 2008, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 21st day of August, 2009
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,204
BAXTER HEALTHCARE
RENAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND APEX
NORTH 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 by the Florida State TAA Coordinator, on May 19, 2009 on
behalf of workers of Baxter Healthcare Corporation, Renal Division,
North Largo, Florida. Workers of the subject firm are engaged in
employment related to the servicing and repairing of peritoneal
dialysis equipment.
The worker group includes on-site leased workers from Kelly
Services and Apex.
The investigation revealed that workers of the North Largo,
Florida location who are engaged in employment related to the
servicing and repairing of peritoneal dialysis equipment meet the
criteria for certification.
Criterion I has been met because a significant portion of
the workers has been separated.
Criterion II has been met because the workers' firm has
shifted servicing and repairing work or like or directly
competitive duties with servicing and repairing of peritoneal
dialysis equipment to a foreign country.
Criterion III has been met because the shift of servicing
and repairing of peritoneal dialysis equipment from the Renal
Division, North Largo, Florida facility to Singapore contributed
importantly to worker group separations with in the Renal
Division.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Baxter Healthcare
Corporation, Renal Division, including on-site leased workers from
Kelly Services and Apex, North Largo, Florida, who are engaged in
employment related to the servicing and repairing of peritoneal
dialysis equipment 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 Baxter Healthcare Corporation, Renal Division,
including on-site leased workers from Kelly Services and Apex,
North Largo, Florida, who became totally or partially
separated from employment on or after May 18, 2008, through
two years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 21st day of August, 2009
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance