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TAW-71220  /  Schering Corporation (Kenilworth, NJ)

Petitioner Type: State
Impact Date: 06/15/2008
Filed Date: 06/16/2009
Most Recent Update: 10/13/2009
Determination Date: 10/13/2009
Expiration Date: 10/13/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,220

SCHERING CORPORATION
A SUBSIDIARY OF SCHERING-PLOUGH CORPORATION
INFORMATION TECHNOLOGY DIVISION SUPPORTING GSC/GQO
INCLUDING ON-SITE LEASED WORKERS OF
IBM CORPORATION AND COGNIZANT TECHNOLOGY
KENILWORTH, NEW JERSEY

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 16, 2009 by the state workforce office on behalf
of workers Schering Corporation, a subsidiary of Schering-
Plough Corporation, Information Technology Division supporting
GSC/GQO, Kenilworth, New Jersey. The workers provide internal
information technology service and support to company's Global
Supply Chain and Global Quality Operations business units. The
worker group includes on-site leased workers from IBM
Corporation and Cognizant Technology.
The investigation revealed that workers of the subject
firm, who are engaged in employment related to information
technology support and services, meet the criteria for
certification.
Criterion I has been met because at least five percent of
the workers in the workers' firm have been separated during
the relevant period.
Criterion II has been satisfied because the subject firm
has acquired from India services like or directly competitive
with the information technology support and services supplied
by the workers' firm.
Criterion III has been met because the acquisition of
information technology support and services by Schering
Corporation from India contributed importantly to worker group
separations at the Information Technology Division supporting
GSC/GQO, in Kenilworth, New Jersey.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Schering Corporation,
a subsidiary of Schering-Plough Corporation, Information
Technology Division supporting GSC/GQO, including on-site leased
workers from IBM Corporation and Cognizant Technology,
Kenilworth, New Jersey who are engaged in employment related to
information technology support and services 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 Schering Corporation, a subsidiary of
Schering-Plough Corporation, Information Technology
Division supporting GSC/GQO, including on-site leased
workers from IBM Corporation and Cognizant Technology,
Kenilworth, New Jersey, who became totally or partially
separated from employment on or after June 15, 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 13th day of October, 2009

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