DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,492

CHOLESTECH CORPORATION
A SUBSIDIARY OF INVERNESS MEDICAL INNOVATIONS, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM PAYROLLING.COM, TAC WORLDWIDE,
AND KELLY SCIENTIFIC
HAYWARD, 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 30, 2009, by a company official on behalf of
workers of Cholestech Corporation, a subsidiary of Inverness
Medical Innovations, Inc., Hayward, California. The workers
produce medical devices capable of analyzing a full lipid
panel (total cholesterol, HDL, Triglycerides, LDL). The
worker group includes on-site leased workers from
Payrolling.com, TAC Worldwide, and Kelly Scientific.
The investigation revealed that workers of Cholestech
Corp., who are engaged in employment related to the production
of medical devises, 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 acquired from a foreign country articles like or directly
competitive with the article produced by the workers.
Criterion III has been met because the acquisition of
medical devices from China by Cholestech contributed
importantly to worker group separations at the Hayward,
California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Cholestech
Corporation, a subsidiary of Inverness Medical Innovations,
Inc., including on-site leased workers from Payrolling.com,
TAC Worldwide, and Kelly Scientific, Hayward, California, who
are engaged in employment related to the production of medical
devices, 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 Cholestech Corporation, a subsidiary of
Inverness Medical Innovations, Inc., including on-site
leased workers from Payrolling.com, TAC Worldwide, and
Kelly Scientific, Hayward, California, who became totally
or partially separated from employment on or after June 29,
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 30th day of September, 2009


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance