DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,310

ORTHO PHARMACEUTICAL
JANSSEN ORTHO, LLC DIVISION
SEMI SOLIDS BUSINESS UNIT
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
MANATI, PUERTO RICO

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 20, 2009 by Puerto Rico Workforce Office
representative on behalf of workers of Ortho Pharmaceutical,
LLC, Janssen Ortho, LLC Division, Semi Solids Business Unit,
including on-site leased workers from Kelly Services, Manati,
Puerto Rico. The workers produce creams, gels, and
suppositories. The workers are not separately identifiable by
product within the Semi Solids Business Unit, but that Unit is
separately identifiable from others producing other products at
the Manati location.
The investigation revealed that workers of Ortho
Pharmaceutical, LLC who are engaged in employment related to
creams, gels, and suppositories meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated in the relevant period.
Criterion II has been met because the workers' firm has
shifted to Canada the production of articles like or directly
competitive with those supplied by the workers.
Criterion III has been met because the shift of
production to Canada of creams, gels, and suppositories by
Ortho Pharmaceutical, LLC contributed importantly to worker
group separations at Ortho Pharmaceutical, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ortho Pharmaceutical,
LLC, Janssen Ortho, LLC Division, Semi Solids Business Unit,
Manati, Puerto Rico, who are engaged in employment related to
creams, gels, and suppositories 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 Ortho Pharmaceutical, LLC, Janssen Ortho,
LLC Division, Semi Solids Business Unit, including on-
site leased workers from Kelly Services, Manati, Puerto
Rico, 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 3rd day of August, 2009


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