Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 07/22/2009
Determination Date: 07/22/2009
Expiration Date: 07/22/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,207
FLA ORTHOPEDICS, INC.
INCLUDING ON-SITE LEASED WORKERS OF THE RESERVES NETWORK,
STAFF MASTERS, AEROTEK, AND EXPRESS-EMPLOYMENT PROFESSIONALS
MIRAMAR, 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 the Florida State TAA Coordinator on
behalf of workers of FLA Orthopedics, Inc., Miramar, Florida.
The workers produce orthopedic soft goods, including braces,
walking boots, wrist splints, collars, and lumbar supports.
The petitioner alleges that worker separations were the
result of a shift of production to Mexico.
The investigation revealed that the worker group includes
on-site leased workers of The Reserves Network, Staff Masters,
Aerotek, and Express-Employment Professionals.
The investigation revealed that workers of FLA Orthopedics,
Inc. who are engaged in employment related to production of
orthopedic soft goods meet the criteria for certification.
Criterion I has been met because a significant number and
portion of workers have been separated and further separations
are planned.
Criterion II has been satisfied because the subject firm
is shifting the production of orthopedic soft goods to an
affiliated facility in Reynosa, Mexico.
Criterion III has been met because the shift of
production of safety and sensing equipment to Mexico by FLA
Orthopedics, Inc. contributed importantly to worker group
separations at FLA Orthopedics, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FLA Orthopedics,
Inc., including on-site leased workers of The Reserves
Network, Staff Masters, Aerotek, and Express-Employment
Professionals, Miramar, Florida who are engaged in employment
related to orthopedic soft goods 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 FLA Orthopedics, Inc., including on-site
leased workers of The Reserves Network, Staff Masters,
Aerotek, and Express-Employment Professionals, Miramar,
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 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 22nd day of July, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,207
FLA ORTHOPEDICS, INC.
INCLUDING ON-SITE LEASED WORKERS OF THE RESERVES NETWORK,
STAFF MASTERS, AEROTEK, AND EXPRESS-EMPLOYMENT PROFESSIONALS
MIRAMAR, 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 the Florida State TAA Coordinator on
behalf of workers of FLA Orthopedics, Inc., Miramar, Florida.
The workers produce orthopedic soft goods, including braces,
walking boots, wrist splints, collars, and lumbar supports.
The petitioner alleges that worker separations were the
result of a shift of production to Mexico.
The investigation revealed that the worker group includes
on-site leased workers of The Reserves Network, Staff Masters,
Aerotek, and Express-Employment Professionals.
The investigation revealed that workers of FLA Orthopedics,
Inc. who are engaged in employment related to production of
orthopedic soft goods meet the criteria for certification.
Criterion I has been met because a significant number and
portion of workers have been separated and further separations
are planned.
Criterion II has been satisfied because the subject firm
is shifting the production of orthopedic soft goods to an
affiliated facility in Reynosa, Mexico.
Criterion III has been met because the shift of
production of safety and sensing equipment to Mexico by FLA
Orthopedics, Inc. contributed importantly to worker group
separations at FLA Orthopedics, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FLA Orthopedics,
Inc., including on-site leased workers of The Reserves
Network, Staff Masters, Aerotek, and Express-Employment
Professionals, Miramar, Florida who are engaged in employment
related to orthopedic soft goods 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 FLA Orthopedics, Inc., including on-site
leased workers of The Reserves Network, Staff Masters,
Aerotek, and Express-Employment Professionals, Miramar,
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 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 22nd day of July, 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance