DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,122

MASIMO
INCLUDING ON-SITE LEASED WORKERS FROM VOLT,
APPLE ONE, AND PACIFIC TECHNICAL SEARCH
IRVINE, CALIFORNIA

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 June 10, 2009, by a company official on behalf of
workers of Masimo, Irvine, California. The workers are engaged
in activities associated with the production of medical
sensory equipment. The worker group includes on-site leased
workers from Volt, Apple One, and Pacific Technical Search.
The investigation revealed that workers of Masimo who are
engaged in activities related to the production of medical
sensory equipment meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated from employment during the
relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of articles
like or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in
production of medical sensory equipment to Mexico by Masimo
contributed importantly to worker group separations at the
Irvine, California facility.




Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Masimo, Irvine,
California, who are engaged in activities related to the
production of medical sensory 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 Masimo, including on-site leased workers
from Volt, Apple One, and Pacific Technical Search,
Irvine, California, who became totally or partially
separated from employment on or after June 8, 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 14th day of October, 2009




/s/ Michael W. Jaffe

______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance